PROOF
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STATE OF IOWA
Senate Journal
TUESDAY, FEBRUARY 24, 2015
Printed daily by the State of Iowa during the sessions of the General Assembly. An official corrected copy is available for reference in the Secretary of the Senate’s Office. (The official bound copy will be available after a reasonable time upon adjournment.)
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44th Day TUESDAY, FEBRUARY 24, 2015 345
JOURNAL OF THE SENATE
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FORTY-FOURTH CALENDAR DAY TWENTY-SEVENTH SESSION DAY
Senate Chamber Des Moines, Iowa, Tuesday, February 24, 2015
The Senate met in regular session at 9:06 a.m., President Jochum presiding.
Prayer was offered by the Most Reverend R. Walker Nickles, the Bishop of the Catholic Diocese of Sioux City, Iowa. He was the guest of Senator Bertrand.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Senate Page Emily Bray.
The Journal of Monday, February 23, 2015, was approved.
RECESS
On motion of Senator Gronstal, the Senate recessed at 9:10 a.m. until 10:00 a.m.
RECONVENED
The Senate reconvened at 10:04 a.m., President Jochum presiding.
The Senate stood at ease at 10:05 a.m. until the fall of the gavel for the purpose of party caucuses.
The Senate resumed session at 11:22 a.m., President Jochum presiding.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Chelgren, until he arrives, on request of Senator Dix. 346 JOURNAL OF THE SENATE 44th Day
CONSIDERATION OF BILL (Regular Calendar)
Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 257.
Senate File 257
On motion of Senator Bowman, Senate File 257, a bill for an act relating to transportation funding by limiting the term of indebtedness for certain county projects, modifying certain permit fees, modifying the rate of the excise taxes on motor fuel and certain special fuel, establishing a fuel distribution percentage formula for certain special fuel used in motor vehicles, requiring legislative review of the fuel distribution percentage formulas, extending the repeal date of the access Iowa highway plan, and including effective date provisions, with report of committee on Ways and Means recommending passage, was taken up for consideration.
Senator Zaun offered amendment S–3011, filed by Senator Zaun, et al., from the floor, striking and replacing everything after the enacting clause and amending the title page of the bill.
Senator Bowman raised the point of order that amendment S–3011 was not germane to the bill.
The Chair ruled the point well-taken and amendment S–3011 out of order.
Senator Sinclair offered amendment S–3012, filed by Senators Sinclair and Zaun from the floor to pages 1, 2, 5, and 8, and amending the title page of the bill, and moved its adoption.
A record roll call was requested.
On the question “Shall amendment S–3012 be adopted?” (S.F. 257), the vote was:
Yeas, 15:
Anderson Feenstra Kraayenbrink Sinclair Behn Garrett Schultz Smith Bertrand Guth Seng Zaun Chapman Hogg Shipley 44th Day TUESDAY, FEBRUARY 24, 2015 347
Nays, 34:
Allen Dearden Kapucian Schoenjahn Bisignano Dix Kinney Segebart Bolkcom Dotzler Mathis Sodders Bowman Dvorsky McCoy Taylor Brase Gronstal Petersen Whitver Breitbach Hart Quirmbach Wilhelm Costello Horn Ragan Zumbach Courtney Jochum Rozenboom Danielson Johnson Schneider
Absent, 1:
Chelgren
Amendment S–3012 lost.
Senator Chapman offered amendment S–3013, filed by Senator Chapman, et al., from the floor to pages 2 and 10 and amending the title page of the bill.
Senator Bowman raised the point of order that amendment S–3013 was not germane to the bill.
The Chair ruled the point well-taken and amendment S–3013 out of order.
Senator Bowman offered amendment S–3008, filed by him on February 23, 2015, to pages 5 and 10 of the bill, and moved its adoption.
Amendment S–3008 was adopted by a voice vote.
Senator Bowman 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. 257), the vote was:
Yeas, 28:
Anderson Dearden Horn Petersen Bertrand Dix Jochum Quirmbach Bolkcom Dotzler Johnson Ragan Bowman Dvorsky Kapucian Rozenboom Breitbach Gronstal Kinney Segebart Costello Hart Kraayenbrink Shipley Danielson Hogg McCoy Zumbach 348 JOURNAL OF THE SENATE 44th Day
Nays, 21:
Allen Feenstra Schultz Whitver Behn Garrett Seng Wilhelm Bisignano Guth Sinclair Zaun Brase Mathis Smith Chapman Schneider Sodders Courtney Schoenjahn Taylor
Absent, 1:
Chelgren
The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Gronstal asked and received unanimous consent that Senate File 257 be immediately messaged to the House.
The Senate stood at ease at 12:31 p.m. until the fall of the gavel for the purpose of party caucuses.
The Senate resumed session at 1:43 p.m., President Jochum presiding.
HOUSE MESSAGES RECEIVED AND CONSIDERED
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 February 24, 2015, passed the following bill in which the concurrence of the House was asked:
Senate File 173, a bill for an act relating to school district property tax replacement payments and including effective date provisions.
44th Day TUESDAY, FEBRUARY 24, 2015 349
ALSO: That the House has on February 24, 2015, adopted the following resolution in which the concurrence of the House was asked:
Senate Concurrent Resolution 1, a concurrent resolution relating to the compensation of chaplains, officers, and employees of the eighty-sixth general assembly.
ALSO: That the House has on February 24, 2015, amended and passed the following bills in which the concurrence of the Senate is asked:
Senate File 171, a bill for an act establishing the state percent of growth and including effective date provisions. (S–3014)
Senate File 172, a bill for an act establishing the categorical state percent of growth and including effective date provisions. (S–3015)
ALSO: That the House has on February 24, 2015, passed the following bill in which the concurrence of the Senate is asked:
House File 166, a bill for an act relating to the disabled veteran homestead tax credit by modifying eligibility criteria and including effective date and retroactive applicability provisions.
Read first time and attached to companion Senate File 284.
CONSIDERATION OF BILL (Regular Calendar)
Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 269.
Senate File 269
On motion of Senator Bisignano, Senate File 269, a bill for an act to increase the state minimum hourly wage, was taken up for consideration.
Senator Bisignano 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.
350 JOURNAL OF THE SENATE 44th Day
On the question “Shall the bill pass?” (S.F. 269), the vote was:
Yeas, 27:
Allen Danielson Horn Ragan Bertrand Dearden Jochum Schoenjahn Bisignano Dotzler Kinney Seng Bolkcom Dvorsky Mathis Sodders Bowman Gronstal McCoy Taylor Brase Hart Petersen Wilhelm Courtney Hogg Quirmbach
Nays, 22:
Anderson Feenstra Rozenboom Smith Behn Garrett Schneider Whitver Breitbach Guth Schultz Zaun Chapman Johnson Segebart Zumbach Costello Kapucian Shipley Dix Kraayenbrink Sinclair
Absent, 1:
Chelgren
The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.
President Pro Tempore Sodders took the chair at 1:58 p.m.
CONSIDERATION OF BILL (Regular Calendar)
Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 205.
Senate File 205
On motion of Senator Jochum, Senate File 205, a bill for an act establishing a notification requirement for mammogram reports to patients, was taken up for consideration.
Senator Jochum offered amendment S–3007, filed by her on February 23, 2015, to pages 1 and 2 of the bill, and moved its adoption.
44th Day TUESDAY, FEBRUARY 24, 2015 351
Amendment S–3007 was adopted by a voice vote.
Senator Jochum 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. 205), the vote was:
Yeas, 49:
Allen Dearden Kapucian Seng Anderson Dix Kinney Shipley Behn Dotzler Kraayenbrink Sinclair Bertrand Dvorsky Mathis Smith Bisignano Feenstra McCoy Sodders Bolkcom Garrett Petersen Taylor Bowman Gronstal Quirmbach Whitver Brase Guth Ragan Wilhelm Breitbach Hart Rozenboom Zaun Chapman Hogg Schneider Zumbach Costello Horn Schoenjahn Courtney Jochum Schultz Danielson Johnson Segebart
Nays, none.
Absent, 1:
Chelgren
The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.
President Jochum took the chair at 2:08 p.m.
IMMEDIATELY MESSAGED
Senator Gronstal asked and received unanimous consent that Senate Files 205 and 269 be immediately messaged to the House.
CONSIDERATION OF BILLS (Regular Calendar)
Senator Gronstal asked and received unanimous consent to take up for consideration Senate Files 234, 233, and 206.
352 JOURNAL OF THE SENATE 44th Day
Senate File 234
On motion of Senator Mathis, Senate File 234, a bill for an act establishing an Iowa employment rides initiative and related fund in the economic development authority, was taken up for consideration.
Senator Mathis offered amendment S–3009, filed by her from the floor, striking and replacing everything after the enacting clause and amending the title page of the bill, and moved its adoption.
Amendment S–3009 was adopted by a voice vote.
Senator Mathis 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. 234), the vote was:
Yeas, 26:
Allen Dearden Jochum Schoenjahn Bisignano Dotzler Kinney Seng Bolkcom Dvorsky Mathis Sodders Bowman Gronstal McCoy Taylor Brase Hart Petersen Wilhelm Courtney Hogg Quirmbach Danielson Horn Ragan
Nays, 23:
Anderson Dix Kraayenbrink Sinclair Behn Feenstra Rozenboom Smith Bertrand Garrett Schneider Whitver Breitbach Guth Schultz Zaun Chapman Johnson Segebart Zumbach Costello Kapucian Shipley
Absent, 1:
Chelgren
The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to.
44th Day TUESDAY, FEBRUARY 24, 2015 353
Senate File 233
On motion of Senator Wilhelm, Senate File 233, a bill for an act relating to the programs and duties of the economic development authority and including effective date and retroactive and other applicability provisions and other properly related matters, was taken up for consideration.
Senator Wilhelm 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. 233), the vote was:
Yeas, 49:
Allen Dearden Kapucian Seng Anderson Dix Kinney Shipley Behn Dotzler Kraayenbrink Sinclair Bertrand Dvorsky Mathis Smith Bisignano Feenstra McCoy Sodders Bolkcom Garrett Petersen Taylor Bowman Gronstal Quirmbach Whitver Brase Guth Ragan Wilhelm Breitbach Hart Rozenboom Zaun Chapman Hogg Schneider Zumbach Costello Horn Schoenjahn Courtney Jochum Schultz Danielson Johnson Segebart
Nays, none.
Absent, 1:
Chelgren
The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.
Senate File 206
On motion of Senator Dearden, Senate File 206, a bill for an act relating to the display of motor vehicle registration plates, was taken up for consideration.
354 JOURNAL OF THE SENATE 44th Day
Senator Dearden offered amendment S–3004, filed by him on February 17, 2015, to page 1 of the bill, and moved its adoption.
Amendment S–3004 was adopted by a voice vote.
Senator Dearden 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. 206), the vote was:
Yeas, 49:
Allen Dearden Kapucian Seng Anderson Dix Kinney Shipley Behn Dotzler Kraayenbrink Sinclair Bertrand Dvorsky Mathis Smith Bisignano Feenstra McCoy Sodders Bolkcom Garrett Petersen Taylor Bowman Gronstal Quirmbach Whitver Brase Guth Ragan Wilhelm Breitbach Hart Rozenboom Zaun Chapman Hogg Schneider Zumbach Costello Horn Schoenjahn Courtney Jochum Schultz Danielson Johnson Segebart
Nays, none.
Absent, 1:
Chelgren
The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Gronstal asked and received unanimous consent that Senate Files 206, 233, and 234 be immediately messaged to the House.
CONSIDERATION OF BILLS (Regular Calendar)
Senator Gronstal asked and received unanimous consent to take up for consideration Senate Files 219 and 270. 44th Day TUESDAY, FEBRUARY 24, 2015 355
Senate File 219
On motion of Senator Sodders, Senate File 219, a bill for an act relating to the possession of marijuana, and providing a penalty, was taken up for consideration.
Senator Sodders 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. 219), the vote was:
Yeas, 36:
Allen Danielson Jochum Schultz Bertrand Dearden Kinney Seng Bisignano Dotzler Mathis Shipley Bolkcom Dvorsky McCoy Sinclair Bowman Garrett Petersen Sodders Brase Gronstal Quirmbach Taylor Breitbach Hart Ragan Whitver Chapman Hogg Schneider Wilhelm Courtney Horn Schoenjahn Zaun
Nays, 13:
Anderson Feenstra Kraayenbrink Zumbach Behn Guth Rozenboom Costello Johnson Segebart Dix Kapucian Smith
Absent, 1:
Chelgren
The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.
Senate File 270
On motion of Senator Dotzler, Senate File 270, a bill for an act relating to wage payment collection issues arising between employers and individuals who provide services to employers, providing penalties and remedies, and including effective date provisions, was taken up for consideration.
356 JOURNAL OF THE SENATE 44th Day
Senator Dotzler 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. 270), the vote was:
Yeas, 26:
Allen Dearden Jochum Schoenjahn Bisignano Dotzler Kinney Seng Bolkcom Dvorsky Mathis Sodders Bowman Gronstal McCoy Taylor Brase Hart Petersen Wilhelm Courtney Hogg Quirmbach Danielson Horn Ragan
Nays, 23:
Anderson Dix Kraayenbrink Sinclair Behn Feenstra Rozenboom Smith Bertrand Garrett Schneider Whitver Breitbach Guth Schultz Zaun Chapman Johnson Segebart Zumbach Costello Kapucian Shipley
Absent, 1:
Chelgren
The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Gronstal asked and received unanimous consent that Senate Files 219 and 270 be immediately messaged to the House.
CONSIDERATION OF BILLS (Regular Calendar)
Senator Gronstal asked and received unanimous consent to take up for consideration Senate Files 122, 130, 131, 132, and 133.
44th Day TUESDAY, FEBRUARY 24, 2015 357
Senate File 122
On motion of Senator Courtney, Senate File 122, a bill for an act concerning access to documents during the competitive bidding process for public improvement contracts, was taken up for consideration.
Senator Courtney asked and received unanimous consent that House File 167 be substituted for Senate File 122.
House File 167
On motion of Senator Courtney, House File 167, a bill for an act concerning access to documents during the competitive bidding process for public improvement contracts, was taken up for consideration.
Senator Courtney 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. 167), the vote was:
Yeas, 49:
Allen Dearden Kapucian Seng Anderson Dix Kinney Shipley Behn Dotzler Kraayenbrink Sinclair Bertrand Dvorsky Mathis Smith Bisignano Feenstra McCoy Sodders Bolkcom Garrett Petersen Taylor Bowman Gronstal Quirmbach Whitver Brase Guth Ragan Wilhelm Breitbach Hart Rozenboom Zaun Chapman Hogg Schneider Zumbach Costello Horn Schoenjahn Courtney Jochum Schultz Danielson Johnson Segebart
Nays, none.
Absent, 1:
Chelgren
The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. 358 JOURNAL OF THE SENATE 44th Day
WITHDRAWN
Senator Courtney asked and received unanimous consent that Senate File 122 be withdrawn from further consideration of the Senate.
Senate File 130
On motion of Senator Hart, Senate File 130, a bill for an act making changes to certain limitations within the national guard educational assistance program, was taken up for consideration.
Senator Hart 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. 130), the vote was:
Yeas, 49:
Allen Dearden Kapucian Seng Anderson Dix Kinney Shipley Behn Dotzler Kraayenbrink Sinclair Bertrand Dvorsky Mathis Smith Bisignano Feenstra McCoy Sodders Bolkcom Garrett Petersen Taylor Bowman Gronstal Quirmbach Whitver Brase Guth Ragan Wilhelm Breitbach Hart Rozenboom Zaun Chapman Hogg Schneider Zumbach Costello Horn Schoenjahn Courtney Jochum Schultz Danielson Johnson Segebart
Nays, none.
Absent, 1:
Chelgren
The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.
44th Day TUESDAY, FEBRUARY 24, 2015 359
Senate File 131
On motion of Senator Schoenjahn, Senate File 131, a bill for an act relating to information the board of educational examiners is required to review regarding applicants for license renewal, was taken up for consideration.
Senator Schoenjahn 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. 131), the vote was:
Yeas, 49:
Allen Dearden Kapucian Seng Anderson Dix Kinney Shipley Behn Dotzler Kraayenbrink Sinclair Bertrand Dvorsky Mathis Smith Bisignano Feenstra McCoy Sodders Bolkcom Garrett Petersen Taylor Bowman Gronstal Quirmbach Whitver Brase Guth Ragan Wilhelm Breitbach Hart Rozenboom Zaun Chapman Hogg Schneider Zumbach Costello Horn Schoenjahn Courtney Jochum Schultz Danielson Johnson Segebart
Nays, none.
Absent, 1:
Chelgren
The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.
Senate File 132
On motion of Senator Schoenjahn, Senate File 132, a bill for an act making a statutory correction to remove an inconsistency regarding the employment of the executive director of the board of educational examiners, was taken up for consideration.
360 JOURNAL OF THE SENATE 44th Day
Senator Schoenjahn asked and received unanimous consent that House File 123 be substituted for Senate File 132.
House File 123
On motion of Senator Schoenjahn, House File 123, a bill for an act making a statutory correction to remove an inconsistency regarding the employment of the executive director of the board of educational examiners, was taken up for consideration.
Senator Schoenjahn 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. 123), the vote was:
Yeas, 49:
Allen Dearden Kapucian Seng Anderson Dix Kinney Shipley Behn Dotzler Kraayenbrink Sinclair Bertrand Dvorsky Mathis Smith Bisignano Feenstra McCoy Sodders Bolkcom Garrett Petersen Taylor Bowman Gronstal Quirmbach Whitver Brase Guth Ragan Wilhelm Breitbach Hart Rozenboom Zaun Chapman Hogg Schneider Zumbach Costello Horn Schoenjahn Courtney Jochum Schultz Danielson Johnson Segebart
Nays, none.
Absent, 1:
Chelgren
The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.
WITHDRAWN
Senator Schoenjahn asked and received unanimous consent that Senate File 132 be withdrawn from further consideration of the Senate. 44th Day TUESDAY, FEBRUARY 24, 2015 361
Senate File 133
On motion of Senator Hart, Senate File 133, a bill for an act modifying reporting requirements relating to veterans attending postsecondary educational institutions, was taken up for consideration.
Senator Hart asked and received unanimous consent that House File 205 be substituted for Senate File 133.
House File 205
On motion of Senator Hart, House File 205, a bill for an act modifying reporting requirements relating to veterans attending postsecondary educational institutions, was taken up for consideration.
Senator Hart 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. 205), the vote was:
Yeas, 49:
Allen Dearden Kapucian Seng Anderson Dix Kinney Shipley Behn Dotzler Kraayenbrink Sinclair Bertrand Dvorsky Mathis Smith Bisignano Feenstra McCoy Sodders Bolkcom Garrett Petersen Taylor Bowman Gronstal Quirmbach Whitver Brase Guth Ragan Wilhelm Breitbach Hart Rozenboom Zaun Chapman Hogg Schneider Zumbach Costello Horn Schoenjahn Courtney Jochum Schultz Danielson Johnson Segebart
Nays, none.
Absent, 1:
Chelgren
The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. 362 JOURNAL OF THE SENATE 44th Day
WITHDRAWN
Senator Hart asked and received unanimous consent that Senate File 133 be withdrawn from further consideration of the Senate.
IMMEDIATELY MESSAGED
Senator Gronstal asked and received unanimous consent that Senate Files 130 and 131 and House Files 123, 167, and 205 be immediately messaged to the House.
CONSIDERATION OF BILLS (Regular Calendar)
Senator Gronstal asked and received unanimous consent to take up for consideration Senate Files 149, 150, 200, and 201.
Senate File 149
On motion of Senator Hogg, Senate File 149, a bill for an act relating to the administration of combined guardianship and conservatorship proceedings, was taken up for consideration.
Senator Hogg asked and received unanimous consent that House File 159 be substituted for Senate File 149.
House File 159
On motion of Senator Hogg, House File 159, a bill for an act relating to the administration of combined guardianship and conservatorship proceedings, was taken up for consideration.
Senator Hogg 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. 159), the vote was:
Yeas, 49:
Allen Dearden Kapucian Seng Anderson Dix Kinney Shipley Behn Dotzler Kraayenbrink Sinclair Bertrand Dvorsky Mathis Smith Bisignano Feenstra McCoy Sodders 44th Day TUESDAY, FEBRUARY 24, 2015 363
Bolkcom Garrett Petersen Taylor Bowman Gronstal Quirmbach Whitver Brase Guth Ragan Wilhelm Breitbach Hart Rozenboom Zaun Chapman Hogg Schneider Zumbach Costello Horn Schoenjahn Courtney Jochum Schultz Danielson Johnson Segebart
Nays, none.
Absent, 1:
Chelgren
The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.
WITHDRAWN
Senator Hogg asked and received unanimous consent that Senate File 149 be withdrawn from further consideration of the Senate.
Senate File 150
On motion of Senator Sodders, Senate File 150, a bill for an act increasing the criminal penalty for a sexually violent predator who escapes or attempts to escape from custody, was taken up for consideration.
Senator Sodders 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. 150), the vote was:
Yeas, 49:
Allen Dearden Kapucian Seng Anderson Dix Kinney Shipley Behn Dotzler Kraayenbrink Sinclair Bertrand Dvorsky Mathis Smith Bisignano Feenstra McCoy Sodders Bolkcom Garrett Petersen Taylor Bowman Gronstal Quirmbach Whitver Brase Guth Ragan Wilhelm Breitbach Hart Rozenboom Zaun Chapman Hogg Schneider Zumbach 364 JOURNAL OF THE SENATE 44th Day
Costello Horn Schoenjahn Courtney Jochum Schultz Danielson Johnson Segebart
Nays, none.
Absent, 1:
Chelgren
The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.
Senate File 200
On motion of Senator Bolkcom, Senate File 200, a bill for an act relating to the employment and duties of the executive director of the dental board, was taken up for consideration.
Senator Bolkcom 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. 200), the vote was:
Yeas, 49:
Allen Dearden Kapucian Seng Anderson Dix Kinney Shipley Behn Dotzler Kraayenbrink Sinclair Bertrand Dvorsky Mathis Smith Bisignano Feenstra McCoy Sodders Bolkcom Garrett Petersen Taylor Bowman Gronstal Quirmbach Whitver Brase Guth Ragan Wilhelm Breitbach Hart Rozenboom Zaun Chapman Hogg Schneider Zumbach Costello Horn Schoenjahn Courtney Jochum Schultz Danielson Johnson Segebart
Nays, none.
Absent, 1:
Chelgren
The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. 44th Day TUESDAY, FEBRUARY 24, 2015 365
Senate File 201
On motion of Senator Bolkcom, Senate File 201, a bill for an act relating to the findings of an examining physician assistant for a person believed to be seriously mentally impaired in an emergency situation, was taken up for consideration.
Senator Bolkcom 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. 201), the vote was:
Yeas, 49:
Allen Dearden Kapucian Seng Anderson Dix Kinney Shipley Behn Dotzler Kraayenbrink Sinclair Bertrand Dvorsky Mathis Smith Bisignano Feenstra McCoy Sodders Bolkcom Garrett Petersen Taylor Bowman Gronstal Quirmbach Whitver Brase Guth Ragan Wilhelm Breitbach Hart Rozenboom Zaun Chapman Hogg Schneider Zumbach Costello Horn Schoenjahn Courtney Jochum Schultz Danielson Johnson Segebart
Nays, none.
Absent, 1:
Chelgren
The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Gronstal asked and received unanimous consent that Senate Files 150, 200, and 201 and House File 159 be immediately messaged to the House.
366 JOURNAL OF THE SENATE 44th Day
HOUSE AMENDMENTS CONSIDERED
Senate Files 171
Senator Gronstal called up for consideration Senate File 171, a bill for an act establishing the state percent of growth and including effective date provisions, amended by the House in House amendment S–3014, filed February 24, 2015.
Senator Bowman moved that the Senate concur in the House amendment and requested a no vote.
The motion failed by a voice vote and the Senate refused to concur in the House amendment.
Senate File 172
Senator Gronstal called up for consideration Senate File 172, a bill for an act establishing the categorical state percent of growth and including effective date provisions, amended by the House in House amendment S–3015, filed February 24, 2015.
Senator Bowman moved that the Senate concur in the House amendment and requested a no vote.
The motion failed by a voice vote and the Senate refused to concur in the House amendment.
IMMEDIATELY MESSAGED
Senator Gronstal asked and received unanimous consent that Senate Files 171 and 172 be immediately messaged to the House.
CONFIRMATION OF GOVERNOR’S APPOINTMENTS
In accordance with Senate Rule 59, Senator Gronstal called up the following eligible appointees on the En Bloc Confirmation Calendar:
Kenneth Morris, Jr., Commission on the Status of African Americans
Manisha Paudel, Commission of Asian and Pacific Islander Affairs 44th Day TUESDAY, FEBRUARY 24, 2015 367
Lisa Hull, Economic Development Authority
Erin Schoening, Board of Educational Examiners
Todd Christensen, Elevator Safety Board
Ashley Koopmans, Employment Appeal Board James Strohman, Employment Appeal Board
Debra Schiel-Larson, Landscape Architectural Examining Board
Timothy Carmody, Iowa Law Enforcement Academy Council
Thomas Broeker, Mental Health and Disability Services Commission
John Hodges, Chairperson of the Board of Parole
Norman Granger, Board of Parole John Hodges, Board of Parole
Dennis Janssen, Board of Physician Assistants
Karilynne Lenning, Board of Social Work
Kathleen Till Stange, State Board of Tax Review
Richard Lumbard, Telecommunications and Technology Commission
Rebecca Anderson, Vision Iowa Board
Senator Gronstal moved that the foregoing appointees be confirmed by the Senate.
On the question “Shall the appointees be confirmed?” the vote was:
Yeas, 49:
Allen Dearden Kapucian Seng Anderson Dix Kinney Shipley Behn Dotzler Kraayenbrink Sinclair Bertrand Dvorsky Mathis Smith Bisignano Feenstra McCoy Sodders Bolkcom Garrett Petersen Taylor Bowman Gronstal Quirmbach Whitver Brase Guth Ragan Wilhelm Breitbach Hart Rozenboom Zaun Chapman Hogg Schneider Zumbach 368 JOURNAL OF THE SENATE 44th Day
Costello Horn Schoenjahn Courtney Jochum Schultz Danielson Johnson Segebart
Nays, none.
Absent, 1:
Chelgren
The appointees, having received a two-thirds vote, were declared to have been confirmed by the Senate.
HOUSE MESSAGE RECEIVED
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 February 24, 2015, passed the following bill in which the concurrence of the House was asked:
Senate File 257, a bill for an act relating to transportation funding by limiting the term of indebtedness for certain county projects, modifying certain permit fees, modifying the rate of the excise taxes on motor fuel and certain special fuel, establishing a fuel distribution percentage formula for certain special fuel used in motor vehicles, requiring legislative review of the fuel distribution percentage formulas, extending the repeal date of the access Iowa highway plan, and including effective date provisions.
ADJOURNMENT
On motion of Senator Gronstal, the Senate adjourned at 3:56 p.m. until 9:00 a.m., Wednesday, February 25, 2015.
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APPENDIX
COMMUNICATION RECEIVED
The following communication was received in the office of the Secretary of the Senate and placed on file in the Legislative Services Agency:
IOWA RACING AND GAMING COMMISSION
2014 Annual Report, pursuant to Iowa Code section 99D.21. Received on February 24, 2015.
CERTIFICATES OF RECOGNITION
The Secretary of the Senate issued the following certificates of recognition:
Mike Barker, Council Bluffs—Upon his retirement from Children’s Square USA. Senator Gronstal.
Joe and Gail Claseman, Clinton—For celebrating their 40th wedding anniversary. Senator Hart.
Ox Yoke Inn of Amana—For celebrating 75 years in business. Senator Dvorsky.
REPORT OF COMMITTEE MEETING
JUDICIARY
Convened: Tuesday, February 24, 2015, 9:15 a.m.
Members Present: Sodders, Chair; Hogg, Vice Chair; Schneider, Ranking Member; Bisignano, Garrett, Horn, Kinney, Petersen, Quirmbach, Shipley, Taylor, Whitver, and Zaun.
Members Absent: None.
Committee Business: Passed SF 138, 145, and 237; passed SSBs 1148, 1162, 1183, and 1186.
Adjourned: 9:50 a.m.
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INTRODUCTION OF RESOLUTIONS
Senate Joint Resolution 8, by Guth, a joint resolution proposing an amendment to the Constitution of the State of Iowa relating to funding for the construction, maintenance, and supervision of the public highways with moneys from the general fund of the state.
Read first time under Rule 28 and referred to committee on Transportation.
Senate Resolution 13, by Danielson, a resolution requesting the legislative council to establish an interim study committee to study local government mandates.
Read first time under Rule 28 and referred to committee on Local Government.
INTRODUCTION OF BILLS
Senate File 287, by Danielson, a bill for an act establishing a certified nonprofit professional loan forgiveness program and fund.
Read first time under Rule 28 and referred to committee on Education.
Senate File 288, by Danielson, a bill for an act related to public sector preferences for veterans in appointment and employment and including civil penalty provisions.
Read first time under Rule 28 and referred to committee on Veterans Affairs.
Senate File 289, by Guth and Zaun, a bill for an act making an appropriation for secondary road infrastructure projects.
Read first time under Rule 28 and referred to committee on Appropriations.
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Senate File 290, by Danielson, a bill for an act relating to the regulation of agreements between manufacturers or distributors, and dealers relating to the sale of recreational vehicles and including applicability provisions.
Read first time under Rule 28 and referred to committee on Transportation.
Senate File 291, by committee on Transportation, a bill for an act relating to size, weight, and load limit applicability to authorized emergency vehicles.
Read first time under Rule 28 and placed on calendar.
Senate File 292, by committee on Judiciary, a bill for an act relating to the confidentiality of certain juvenile court records.
Read first time under Rule 28 and placed on calendar.
Senate File 293, by committee on Education, a bill for an act establishing a mental health professional loan forgiveness program and fund.
Read first time under Rule 28 and placed on calendar.
Senate File 294, by committee on Education, a bill for an act relating to payment of costs for educational services for children residing in certain psychiatric hospitals or institutions.
Read first time under Rule 28 and placed on calendar.
Senate File 295, by committee on Education, a bill for an act providing for additional weighting for eligible students identified as limited English proficient who are enrolled in the statewide preschool program for four-year-old children.
Read first time under Rule 28 and placed on calendar.
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Senate File 296, by Mathis, a bill for an act relating to the unauthorized placement of a global positioning device, and providing penalties.
Read first time under Rule 28 and referred to committee on Judiciary.
Senate File 297, by Petersen, McCoy, and Schoenjahn, a bill for an act concerning employment of and merit system protection for administrative law judges, workers’ compensation commissioners, and the administrator of the administrative hearings division of the department of inspections and appeals.
Read first time under Rule 28 and referred to committee on State Government.
Senate File 298, by committee on Judiciary, a bill for an act relating to nonsubstantive Code corrections.
Read first time under Rule 28 and placed on calendar.
Senate File 299, by committee on Judiciary, a bill for an act relating to the membership of the board of directors of a judicial district department of correctional services.
Read first time under Rule 28 and placed on calendar.
Senate File 300, by committee on Judiciary, a bill for an act relating to an assault that occurs between persons in an intimate relationship and the crime of domestic abuse assault and making penalties applicable.
Read first time under Rule 28 and placed on calendar.
Senate File 301, by Schneider and McCoy, a bill for an act relating to the voter-approved physical plant and equipment levy by authorizing school districts to exceed the statutory levy rate limit following the refunding or refinancing of certain loan agreements and including effective date provisions.
Read first time under Rule 28 and referred to committee on Education.
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STUDY BILLS RECEIVED
SSB 1211 State Government
Relating to licensure, regulation, and complaint procedures for the hotel sanitation code, home food establishments, and food establishments and food processing plants, and modifying fees and penalties.
SSB 1212 State Government
To establish a music therapy advisory council within the board of social work and provide for licensure of music therapists and providing for fees and civil penalties.
SSB 1213 State Government
Relating to the reexamination and recalculation of disability retirement benefits for beneficiaries under the public safety peace officers’ retirement, accident, and disability system.
SSB 1214 State Government
Relating to corporate shareholders by requiring shareholder authorization of political expenditures by corporations, requiring related shareholder statements and notices, and including penalty provisions.
SSB 1215 State Government
Related to elections administration and election officials.
SSB 1216 State Government
Relating to state mandates on counties, including provisions related to county medical examiner fees and the publication of county resolutions.
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SSB 1217 State Government
Concerning social and charitable gambling and making penalties applicable.
SSB 1218 State Government
Relating to the authority of cities to regulate and restrict the occupancy of residential rental property.
SSB 1219 Ways and Means
Concerning the apportionment of certain gross receipts of a broadcaster for purposes of Iowa income tax, and including effective date and applicability provisions.
SSB 1220 Ways and Means
Exempting from the state sales tax the sales price from the sale or furnishing of metered water to residential customers and creating related state and local residential metered water excise taxes.
SSB 1221 Natural Resources and Environment
Relating to incidents involving pesticide drift, including by providing for reporting and testing, and making appropriations.
SSB 1222 Natural Resources and Environment
Relating to air quality, by providing for the establishment, assessment, and collection of fees, establishing a fund, and making appropriations.
SUBCOMMITTEE ASSIGNMENTS
Senate Joint Resolution 8
TRANSPORTATION: McCoy, Chair; Dearden and Feenstra
Senate File 245
APPROPRIATIONS: Mathis, Chair; Dvorsky and Kraayenbrink
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Senate File 246
APPROPRIATIONS: Schoenjahn, Chair; Dvorsky and Kraayenbrink
Senate File 247
APPROPRIATIONS: Schoenjahn, Chair; Dvorsky and Kraayenbrink
Senate File 277
WAYS AND MEANS: Quirmbach, Chair; Petersen and Smith
Senate File 287
EDUCATION: Dvorsky, Chair; Quirmbach and Sinclair
Senate File 290
TRANSPORTATION: Danielson, Chair; Bowman and Breitbach
Senate File 296
JUDICIARY: Sodders, Chair; Hogg and Schneider
SSB 1211
STATE GOVERNMENT: Dearden, Chair; Dvorsky and Schultz
SSB 1212
STATE GOVERNMENT: Danielson, Chair; Horn and Schultz
SSB 1213
STATE GOVERNMENT: Petersen, Chair; Schoenjahn and Whitver
SSB 1214
STATE GOVERNMENT: Danielson, Chair; Dvorsky and Schultz
SSB 1215
STATE GOVERNMENT: Courtney, Chair; Dearden and Whitver
SSB 1216
STATE GOVERNMENT: Horn, Chair; Dearden and Johnson
SSB 1217
STATE GOVERNMENT: Danielson, Chair; Bertrand and Petersen
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SSB 1218
STATE GOVERNMENT: Danielson, Chair; Bertrand and Schoenjahn
SSB 1219
WAYS AND MEANS: Dotzler, Chair; Allen and Feenstra
SSB 1220
WAYS AND MEANS: Dotzler, Chair; Allen and Feenstra
SSB 1221
NATURAL RESOURCES AND ENVIRONMENT: Schoenjahn, Chair; Behn and Petersen
SSB 1222
NATURAL RESOURCES AND ENVIRONMENT: Bolkcom, Chair; Dearden and Rozenboom
FINAL COMMITTEE REPORTS OF BILL ACTION
EDUCATION
Bill Title: *SENATE FILE 293 (SSB 1098), a bill for an act establishing a mental health professional loan forgiveness program and fund.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Quirmbach, Schoenjahn, Sinclair, Behn, Bowman, Dvorsky, Hart, Hogg, Johnson, Kinney, Mathis, Schultz, Wilhelm, and Zaun. Nays, none. Absent, 1: Kraayenbrink.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*Pursuant to Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Education Committee on Senate File 293, and they were attached to the committee report.
ALSO:
Bill Title: *SENATE FILE 294 (SSB 1047), a bill for an act relating to payment of costs for educational services for children residing in certain psychiatric hospitals or institutions.
Recommendation: APPROVED COMMITTEE BILL.
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Final Vote: Ayes, 12: Quirmbach, Schoenjahn, Behn, Bowman, Dvorsky, Hart, Hogg, Johnson, Kinney, Mathis, Wilhelm, and Zaun. Nays, 2: Sinclair and Schultz. Absent, 1: Kraayenbrink.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*Pursuant to Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Education Committee on Senate File 294, and they were attached to the committee report.
ALSO:
Bill Title: *SENATE FILE 295 (formerly SF 161), a bill for an act providing for additional weighting for eligible students identified as limited English proficient who are enrolled in the statewide preschool program for four-year-old children.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 10: Quirmbach, Schoenjahn, Bowman, Dvorsky, Hart, Hogg, Kinney, Mathis, Wilhelm, and Zaun. Nays, 4: Sinclair, Behn, Johnson, and Schultz. Absent, 1: Kraayenbrink.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*Pursuant to Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Education Committee on Senate File 295, and they were attached to the committee report.
JUDICIARY
Bill Title: SENATE FILE 292 (SSB 1148), a bill for an act relating to the confidentiality of certain juvenile court records.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Sodders, Hogg, Schneider, Bisignano, Garrett, Horn, Kinney, Petersen, Quirmbach, Shipley, Taylor, Whitver, and Zaun. Nays, none. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Bill Title: SENATE FILE 298 (SSB 1183), a bill for an act relating to nonsubstantive Code corrections.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Sodders, Hogg, Schneider, Bisignano, Garrett, Horn, Kinney, Petersen, Quirmbach, Shipley, Taylor, Whitver, and Zaun. Nays, none. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
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ALSO:
Bill Title: SENATE FILE 299 (formerly SF 145), a bill for an act relating to the membership of the board of directors of a judicial district department of correctional services.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 11: Sodders, Hogg, Schneider, Bisignano, Horn, Kinney, Petersen, Quirmbach, Shipley, Taylor, and Zaun. Nays, 2: Garrett and Whitver. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Bill Title: SENATE FILE 300 (formerly SF 138), a bill for an act relating to an assault that occurs between persons in an intimate relationship and the crime of domestic abuse assault and making penalties applicable.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Sodders, Hogg, Schneider, Bisignano, Garrett, Horn, Kinney, Petersen, Quirmbach, Shipley, Taylor, Whitver, and Zaun. Nays, none. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
TRANSPORTATION
Bill Title: *SENATE FILE 291 (formerly SF 49), a bill for an act relating to size, weight, and load limit applicability to authorized emergency vehicles.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 10: Bowman, Dvorsky, Kapucian, Brase, Breitbach, Danielson, Horn, McCoy, Quirmbach, and Smith. Nays, none. Absent, 3: Dearden, Feenstra, and Kraayenbrink.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*Pursuant to Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Transportation Committee on Senate File 291, and they were attached to the committee report.
AMENDMENTS FILED
S–3009 S.F. 234 Liz Mathis S–3010 S.F. 167 David Johnson Brad Zaun S–3011 S.F. 257 Brad Zaun Mark Segebart 44th Day TUESDAY, FEBRUARY 24, 2015 379
Jason Schultz Amy Sinclair Dennis Guth S–3012 S.F. 257 Amy Sinclair Brad Zaun S–3013 S.F. 257 Jake Chapman Brad Zaun Jason Schultz Mark Segebart Dennis Guth Tim Kraayenbrink Bill Anderson Rick Bertrand Jerry Behn Dan Zumbach Amy Sinclair S–3014 S.F. 171 House S–3015 S.F. 172 House S–3016 S.F. 220 Janet Petersen