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Senate Journal PROOF _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ STATE OF IOWA Senate Journal TUESDAY, MARCH 26, 2013 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.) _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ 72nd Day TUESDAY, MARCH 26, 2013 651 JOURNAL OF THE SENATE __________ SEVENTY-SECOND CALENDAR DAY FORTY-SECOND SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, March 26, 2013 The Senate met in regular session at 9:03 a.m., President Jochum presiding. Prayer was offered by the Honorable Liz Mathis, member of the Senate from Linn County, Cedar Rapids, Iowa. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Senate page Jennifer Brookhart. The Journal of Monday, March 25, 2013, was approved. INTRODUCTION OF GOVERNOR’S APPOINTEES The Secretary of the Senate introduced Terry Rich, the governor’s appointee to be the Chief Executive Officer of the Iowa Lottery Authority. He was the guest of Senators Bertrand and Danielson and the committee on State Government. The Secretary of the Senate introduced Timothy Orr, the governor’s appointee to be the State of Iowa Adjutant General. He was the guest of Senators Beall and Rozenboom and the committee on Veterans Affairs. The Senate stood at ease at 9:10 a.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 10:56 a.m., President Jochum presiding. 652 JOURNAL OF THE SENATE 72nd Day LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Zaun, until he arrives, on request of Senator Dix; and Senator Hatch, until he returns, on request of Senator Gronstal. CONSIDERATION OF BILL (Unfinished Business Calendar) Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 289. Senate File 289 On motion of Senator Hogg, Senate File 289, a bill for an act establishing the department of homeland security and emergency management, placed on the Unfinished Business Calendar on March 14, 2013, was taken up for consideration. Senator Hogg offered amendment S–3049, filed by him on March 19, 2013, to page 6 of the bill, and moved its adoption. Amendment S–3049 was adopted by a voice vote. Senator Hogg asked and received unanimous consent that House File 307 be substituted for Senate File 289. House File 307 On motion of Senator Hogg, House File 307, a bill for an act establishing the department of homeland security and emergency management, 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. 307), the vote was: Yeas, 48: Anderson Courtney Hogg Schneider Beall Danielson Horn Schoenjahn Behn Dearden Houser Segebart Bertrand Dix Jochum Seng 72nd Day TUESDAY, MARCH 26, 2013 653 Black Dotzler Johnson Sinclair Boettger Dvorsky Kapucian Smith Bolkcom Ernst Mathis Sodders Bowman Feenstra McCoy Sorenson Brase Greiner Petersen Taylor Breitbach Gronstal Quirmbach Whitver Chapman Guth Ragan Wilhelm Chelgren Hart Rozenboom Zumbach Nays, none. Absent, 2: Hatch Zaun 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 289 be withdrawn from further consideration of the Senate. CONSIDERATION OF BILL (Regular Calendar) Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 361. Senate File 361 On motion of Senator Hogg, Senate File 361, a bill for an act relating to estates and trusts and including retroactive and other applicability provisions, was taken up for consideration. Senator Hogg asked and received unanimous consent that House File 591 be substituted for Senate File 361. House File 591 On motion of Senator Hogg, House File 591, a bill for an act relating to estates and trusts and including retroactive and other applicability provisions, was taken up for consideration. 654 JOURNAL OF THE SENATE 72nd Day 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. 591), the vote was: Yeas, 48: Anderson Courtney Hogg Schneider Beall Danielson Horn Schoenjahn Behn Dearden Houser Segebart Bertrand Dix Jochum Seng Black Dotzler Johnson Sinclair Boettger Dvorsky Kapucian Smith Bolkcom Ernst Mathis Sodders Bowman Feenstra McCoy Sorenson Brase Greiner Petersen Taylor Breitbach Gronstal Quirmbach Whitver Chapman Guth Ragan Wilhelm Chelgren Hart Rozenboom Zumbach Nays, none. Absent, 2: Hatch Zaun 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 361 be withdrawn from further consideration of the Senate. IMMEDIATELY MESSAGED Senator Gronstal asked and received unanimous consent that House Files 307 and 591 be immediately messaged to the House. CONFIRMATION OF GOVERNOR’S APPOINTMENT (Individual Confirmation Calendar) Senator Gronstal called up the appointment of Terry Rich as Chief Executive Officer of the Iowa Lottery Authority, placed on the Individual Confirmation Calendar on March 21, 2013, found on page 628 of the Senate Journal. 72nd Day TUESDAY, MARCH 26, 2013 655 Senator Danielson moved that the foregoing appointment be confirmed by the Senate. On the question “Shall the appointee be confirmed” the vote was: Yeas, 47: Anderson Danielson Horn Schoenjahn Beall Dearden Houser Segebart Behn Dix Jochum Seng Bertrand Dotzler Johnson Sinclair Boettger Dvorsky Kapucian Smith Bolkcom Ernst Mathis Sodders Bowman Feenstra McCoy Sorenson Brase Greiner Petersen Taylor Breitbach Gronstal Quirmbach Whitver Chapman Guth Ragan Wilhelm Chelgren Hart Rozenboom Zumbach Courtney Hogg Schneider Nays, 1: Black Absent, 2: Hatch Zaun The appointee, having received a two-thirds vote, was declared to have been confirmed by the Senate. DEFERRAL OF GOVERNOR’S APPOINTEE (Individual Confirmation Calendar) Senator Danielson called up the appointment of Tom Rielly as a member of the State Transportation Commission, placed on the Individual Confirmation Calendar on March 21, 2013, found on page 626 of the Senate Journal. Senator Dix asked and received unanimous consent that action on the appointment of Tom Rielly be deferred. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Johnson, until he returns, on request of Senator Kapucian. 656 JOURNAL OF THE SENATE 72nd Day CONFIRMATION OF GOVERNOR’S APPOINTMENTS (Individual Confirmation Calendar) Senator Gronstal called up the appointment of Timothy Orr as State of Iowa Adjutant General, placed on the Individual Confirmation Calendar on March 21, 2013, found on page 626 of the Senate Journal. Senator Beall moved that the foregoing appointment be confirmed by the Senate. On the question “Shall the appointee be confirmed” the vote was: Yeas, 48: Anderson Courtney Hatch Schneider Beall Danielson Hogg Schoenjahn Behn Dearden Horn Segebart Bertrand Dix Houser Seng Black Dotzler Jochum Sinclair Boettger Dvorsky Kapucian Smith Bolkcom Ernst Mathis Sodders Bowman Feenstra McCoy Sorenson Brase Greiner Petersen Taylor Breitbach Gronstal Quirmbach Whitver Chapman Guth Ragan Wilhelm Chelgren Hart Rozenboom Zumbach Nays, none. Absent, 2: Johnson Zaun The appointee, having received a two-thirds vote, was declared to have been confirmed by the Senate. Senator Gronstal called up the appointment of Duane Magee as a member of the Executive Director of the Board of Educational Examiners, placed on the Individual Confirmation Calendar on February 13, 2013, found on page 266 of the Senate Journal. Senator Schoenjahn moved that the foregoing appointment be confirmed by the Senate. 72nd Day TUESDAY, MARCH 26, 2013 657 On the question “Shall the appointee be confirmed” the vote was: Yeas, 48: Anderson Courtney Hatch Schneider Beall Danielson Hogg Schoenjahn Behn Dearden Horn Segebart Bertrand Dix Houser Seng Black Dotzler Jochum Sinclair Boettger Dvorsky Kapucian Smith Bolkcom Ernst Mathis Sodders Bowman Feenstra McCoy Sorenson Brase Greiner Petersen Taylor Breitbach Gronstal Quirmbach Whitver Chapman Guth Ragan Wilhelm Chelgren Hart Rozenboom Zumbach Nays, none. Absent, 2: Johnson Zaun The appointee, having received a two-thirds vote, was declared to have been confirmed by the Senate. CONSIDERATION OF BILL (Regular Calendar) Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 423. Senate File 423 On motion of Senator Quirmbach, Senate File 423, a bill for an act relating to and providing for education reform involving student, teacher, and administrator programs and activities under the purview of the department of education, the state board of education, college student aid commission,
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