PROOF _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ STATE OF IOWA Senate Journal WEDNESDAY, FEBRUARY 21, 2018 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.) _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ 406 JOURNAL OF THE SENATE 45th Day JOURNAL OF THE SENATE __________ FORTY-FIFTH CALENDAR DAY TWENTY-SEVENTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, February 21, 2018 The Senate met in regular session at 9:03 a.m., President Whitver presiding. Prayer was offered by Reverend Paul Hoekstra of the First Christian Reformed Church in Oskaloosa, Iowa. He was the guest of Senator Rozenboom. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Senate Page Greer Simmons. The Journal of Tuesday, February 20, 2018, was approved. HOUSE MESSAGES RECEIVED AND CONSIDERED The following messages were received from the Chief Clerk of the House: MR. PRESIDENT: I am directed to inform your honorable body that the House has on February 20, 2018, passed the following bills in which the concurrence of the Senate is asked: House File 2117, a bill for an act relating to the assessment of fees when a public defender or designee requests copies of certain documents. Read first time and referred to committee on Judiciary. 45th Day WEDNESDAY, FEBRUARY 21, 2018 407 House File 2175, a bill for an act relating to the maximum value of life insurance companies’ and life insurance associations’ investments in CM3 classified mezzanine loans as a percentage of such company’s or association’s legal reserve. Read first time and attached to companion Senate File 2172. House File 2199, a bill for an act relating to the criminal offenses of the illegal use of a scanning device or encoding machine and criminal mischief in the third degree, and providing penalties. Read first time and attached to similar Senate File 2238. House File 2235, a bill for an act relating to statewide assessments of student progress for purposes of core academic indicators, and including effective date provisions. Read first time and referred to committee on Education. House File 2239, a bill for an act relating to noninsurance business transactions regulated by the insurance division of the department of commerce, by providing for regulated securities and exchanges, and financial records associated with the sale of cemetery and funeral merchandise and services. Read first time and attached to companion Senate File 2275. House File 2285, a bill for an act relating to supplemental reimbursement for eligible ground emergency medical transportation providers through the Medicaid program, and including effective date provisions. Read first time and referred to committee on Human Resources. House File 2286, a bill for an act prohibiting cities and counties from imposing time-of-sale requirements on transactions involving real property. Read first time and attached to companion Senate File 2215. 408 JOURNAL OF THE SENATE 45th Day House File 2302, a bill for an act relating to the operation of rescue vehicles when responding to an emergency, and making penalties applicable. Read first time and attached to companion Senate File 2232. House File 2340, a bill for an act relating to controversies involving fence viewers. Read first time and referred to committee on Local Government. House File 2370, a bill for an act relating to the provision of information regarding postadoption services to all adoptive families. Read first time and attached to similar Senate File 2283. House File 2383, a bill for an act relating to private employer alcohol testing policies. Read first time and referred to committee on Labor and Business Relations. INTRODUCTION OF GOVERNOR’S APPOINTEE The Secretary of the Senate introduced Timon Oujiri, the Governor’s appointee to be the Commandant of the Iowa Veterans Home. He was the guest of Senator Bertrand and the committee on Veterans Affairs. The Senate stood at ease at 9:11 a.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 10:31 a.m., President Whitver presiding. RECESS On motion of Senator Dix, the Senate recessed at 10:32 a.m. until 5:30 p.m. 45th Day WEDNESDAY, FEBRUARY 21, 2018 409 RECONVENED The Senate reconvened at 6:22 p.m., President Whitver presiding. HOUSE MESSAGES RECEIVED AND CONSIDERED The following messages were received from the Chief Clerk of the House: MR. PRESIDENT: I am directed to inform your honorable body that the House has on February 21, 2018, passed the following bills in which the concurrence of the Senate is asked: House File 2172, a bill for an act prohibiting pyramid promotional schemes and making penalties applicable. Read first time and attached to companion Senate File 2178. House File 2193, a bill for an act establishing a text messaging notification and payment system for certain citations and informations. Read first time and referred to committee on Transportation. House File 2195, a bill for an act relating to members of the state transportation commission, and including effective date and retroactive applicability provisions. Read first time and referred to committee on Transportation. House File 2196, a bill for an act relating to texting or using a mobile telephone while operating a commercial motor vehicle, providing penalties, and making penalties applicable. Read first time and attached to companion Senate File 2162. House File 2200, a bill for an act authorizing the Terrace Hill commission to establish an endowment fund for musical arts to support piano competitions and scholarships. Read first time and referred to committee on State Government. 410 JOURNAL OF THE SENATE 45th Day House File 2232, a bill for an act relating to mortgage releases. Read first time and attached to companion Senate File 2138. House File 2236, a bill for an act relating to service of process made on the commissioner of insurance as the agent or attorney for service of process for regulated individuals and entities and resolving inconsistencies. Read first time and attached to companion Senate File 2248. House File 2237, a bill for an act relating to matters involving insurance and the insurance division of the department of commerce to reflect current practices and resolve inconsistencies. Read first time and attached to companion Senate File 2249. House File 2238, a bill for an act relating to the receipt of pecuniary damages by insurers as victims of insurance fraud for purposes of criminal restitution. Read first time and attached to companion Senate File 2240. House File 2240, a bill for an act permitting employers to provide employees with wage statements by electronic means. Read first time and attached to companion Senate File 2339. House File 2256, a bill for an act relating to the submission of certain reports by the department of transportation and county engineers. Read first time and referred to committee on Transportation. House File 2309, a bill for an act relating to reimbursement for dually eligible Medicare and Medicaid beneficiaries receiving the Medicare hospice benefit in a nursing facility. Read first time and attached to companion Senate File 2309. 45th Day WEDNESDAY, FEBRUARY 21, 2018 411 LEAVE OF ABSENCE Leave of absence was granted as follows: Senator D. Johnson, until he returns, on request of Senator Petersen. CONSIDERATION OF BILLS (Regular Calendar) Senator Dix asked and received unanimous consent to take up for consideration Senate Files 2229, 2235, 2256, and 2169. Senate File 2229 On motion of Senator Shipley, Senate File 2229, a bill for an act relating to obtaining a mechanic’s lien when a person takes collateral security on a contract for furnishing material or performing labor, was taken up for consideration. Senator Shipley 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. 2229), the vote was: Yeas, 48: Allen Costello Hogg Quirmbach Behn Danielson Horn Ragan Bertrand Dawson Jochum Rozenboom Bisignano Dix Johnson, C. Schneider Bolkcom Dotzler Kapucian Schultz Boulton Dvorsky Kinney Segebart Bowman Edler Kraayenbrink Shipley Breitbach Feenstra Lofgren Sinclair Brown Garrett Lykam Smith Carlin Greene Mathis Whitver Chapman Guth McCoy Zaun Chelgren Hart Petersen Zumbach Nays, 1: Taylor Absent, 1: Johnson, D. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. 412 JOURNAL OF THE SENATE 45th Day Senate File 2235 On motion of Senator Shipley, Senate File 2235, a bill for an act relating to criminal acts committed on or against critical infrastructure property and providing penalties, was taken up for consideration. Senator Hogg withdrew amendment S–5022, filed by him from the floor, striking and replacing everything after the enacting clause of the bill. Senator Shipley withdrew amendment S–5019, filed by him on February 20, 2018, to page 3 and amending the title page of the bill. Senator Shipley offered amendment S–5021, filed by him from the floor to page 3 and amending the title page of the bill, and moved its adoption. Amendment S–5021 was adopted by a voice vote. Senator Hogg withdrew amendment S–5023, filed by him from the floor to page 3 of the bill. Senator Shipley withdrew amendment S–5016, filed by him on February 20, 2018, to page 3 of the bill. Senator Hogg offered amendment S–5024, filed by him from the floor to page 3 of the bill, and moved its adoption. A record roll call was requested. On the question “Shall amendment S–5024 be adopted?” (S.F.