PROOF

______

STATE OF

Senate Journal

WEDNESDAY, APRIL 6, 2011



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.)

______

87th Day WEDNESDAY, APRIL 6, 2011 907

JOURNAL OF THE SENATE

______

EIGHTY-SEVENTH CALENDAR DAY FIFTY-FIRST SESSION DAY

Senate Chamber Des Moines, Iowa, Wednesday, April 6, 2011

The Senate met in regular session at 9:00 a.m., President Kibbie presiding.

Prayer was offered by Deanna Shorb, Dean of Religious Life and Chaplain of Grinnell College in Grinnell, Iowa. She was the guest of Senator Rielly.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Senate Page Maria Lewis.

The Journal of Tuesday, April 5, 2011, was approved.

The Senate stood at ease at 9:06 a.m. until the fall of the gavel for the purpose of party caucuses.

The Senate resumed session at 10:07 a.m., President Kibbie presiding.

RECESS

On motion of Senator Gronstal, the Senate recessed at 10:08 a.m. until 1:45 p.m.

RECONVENED

The Senate reconvened at 1:45 p.m., President Kibbie presiding.

908 JOURNAL OF THE SENATE 87th Day

COMMITTEE FROM THE HOUSE

A committee from the House appeared and announced that the House was ready to receive the Senate in joint convention.

The Senate proceeded to the House chamber, in accordance with House Concurrent Resolution 11, in columns of two led by the Secretary of the Senate and the Sergeant-at-Arms.

JOINT CONVENTION PIONEER LAWMAKERS

Sixty-first Biennial Session House Chamber

In accordance with House Concurrent Resolution 11, duly adopted, the joint convention was called to order at 1:55 p.m., President Kibbie presiding.

President Kibbie declared a quorum present and the joint convention duly organized.

Senator Courtney moved that a committee of eight be appointed to escort the Pioneer Lawmakers into the House chamber.

The motion prevailed by a voice vote, and the President appointed as such committee Senators Fraise, Bowman, Boettger, and Houser on the part of the Senate and Representatives Drake, Hanusa, Kelley, and Hall on the part of the House.

The committee escorted the Pioneer Lawmakers to seats in the House chamber.

President Kibbie presented the Honorable Jeff Danielson, President Pro Tempore of the Senate, who welcomed the Pioneer Lawmakers on behalf of the Senate.

President Kibbie presented the Honorable Kraig Paulsen, Speaker of the House of Representatives, who welcomed the Pioneer Lawmakers on behalf of the House.

87th Day WEDNESDAY, APRIL 6, 2011 909

President Kibbie presented the Honorable Robert Dvorsky, member of the Senate and President of the Pioneer Lawmakers Association, who responded to the welcome.

Senator Dvorsky announced the following 1991 class of Pioneer Lawmakers: Allen Borlaug, James Kersten, , Derryl McLaren, Sheldon Rittmer, Harry Slife, Tom Baker, Don Hanson, Stu Iverson, Robert Johnson, Pat Murphy, Richard Weidman, Merlin Bartz, William Bernau, Gordon Burke, Rick Dirkinson, Pat Gill, Chuck Gipp, Steve Grubbs, James Hahn, Chuck Hurley, Scott Krebsbach, Clark McNeal, David Millage, Bob Rafferty, and Matthew Wissing.

Honorary members of the 2011 class were the following: Susan Walter, Jonathan Roos, Paula Feltner, Robert Langbehn, Mark Brandsgard, Jan Laue, and Marcia Nichols.

Senator Dvorsky presented Arthur Neu, former Lt. Governor of Iowa, who addressed the joint convention:

Incivility in politics has been around in America for as long as the country existed – maybe even longer. There are some marvelous examples I have run across. At the top of the list is the Hamilton-Burr duel in 1804. Interesting is that Iowa repealed Section 5 of its bill of rights in 1992 which barred from political office anyone who had engaged in a duel. So you are now apparently free to challenge anyone with whom you disagree to a duel and still hold public office. No one should overlook the incident in 1856 when Senator Sumner of Massachusetts was brutally assaulted by two members of Congress from North Carolina. Sometimes incivility is tempered with humor. In the English Parliament an exchange between Disraeli and Gladstone was as follows: One said ―I swear I don’t know if you will die on the gallows or of the pox‖ (pox was their term for syphilis) The other responded ―That depends, Sir, on whether I embrace your morals or your mistress.‖ In all fairness the press always has its less-than-civil moments with politicians. Ben Butler was a Civil War General and, later, a House member from Massachusetts. He was hated in the South, where he was in charge of occupied New Orleans. When he died, the Nashville Daily American wrote a long editorial, titled ―The Beast is Dead‖, and read in part as follows: ―Old Ben Butler is dead! Early yesterday morning the Angel of Death acting under the Devil’s orders took him from earth and landed him in hell. In all the southern country here are no tears, no sighs, and no regrets. He lived only too long. We are glad he has at last been removed from the earth and even pity the Devil the possession he has secured.‖ Then later it really gets bad. 910 JOURNAL OF THE SENATE 87th Day

―He was a trucking demagogue whose selfishness amounted to pollution; He was an autocrat who used power to wreak personal revenge; He was mean and malignant, a hangman from prejudice, the insulter of women, a braggadocio, a trickster and a scoundrel whose heart was as black as the smoke from the coals that are now scorching his soul.‖ Even Thomas Jefferson surreptitiously had a journalist refer to John Adams as a ―hermaphrodite‖. The Liberty League referred to Franklin Roosevelt as a communist. More recently an example of civility took place when during a parade, city workers found a backpack bomb on the Martin Luther King Day Parade Route. Emotions ran high but the NAACP chapter president made sure that the conversations remained civil. Today there is incivility all over the place, though admittedly not as severe as some alluded to earlier and not much humor that I have observed. There never was a golden age when there was not incivility. But what seems to be somewhat unique to the present time is institutional incivility between the political parties. There was a day when Hubert Humphrey and Bob Dole would debate issues vigorously in the Senate and afterwards go out for a beer together. It used to be the same here. We used to have vigorous, hot debates, but once we left the chamber it was set aside. I think that the demonizing of someone who disagrees with you is bad for politics, bad for legislation, and bad for the state and country. It also makes compromise very difficult and we all know that compromise is impossible to avoid in a democracy. One old time lobbyist told me that the incivility came about when we regulated lobbying. It used to be that legislators got together in the evenings at functions sponsored by lobbyists. At these functions legislators got to know each other socially. I certainly don’t think that is the sole or even a major cause of today’s incivility, but it did result in less contact between legislators from the two parties. I suspect the money that is pumped into campaigns from the various interest groups deserves some of the credit for incivility. Also the people and organizations who are only concerned about one issue and support candidates on that one issue and nothing else. I think that plays a part in incivility. I remember one session when Attorney General Turner issued an opinion holding that under the criminal code anyone who went out to an event in which their dinner and drinks were paid for was guilty of some crime under the then new criminal code. All events ended and a number of us joined the ―Y‖ and played basketball together. We certainly got to know each other well on the basketball court. One suggestion I might make. During the Ray Years every Tuesday for lunch the leadership of both parties met for lunch in the Governor’s office. Sometimes, early in the session there was not always a lot of talk, but we still had lunch. You did get to know each other and in some instances we became good friends. We also knew that if you said something unpleasant about a leader of the other party, that in all likelihood you would be questioned about it next Tuesday. It served as a deterrent on extreme statements. A little incivility, short of a duel or a whipping, can be funny, particularly when it involves some humor. A lot can be dangerous, even disastrous. I think today we are at a dangerous stage particularly with an awful lot of people running around with side arms. Thank you.

Representative Upmeyer moved that the joint convention be dissolved. 87th Day WEDNESDAY, APRIL 6, 2011 911

The motion prevailed by a voice vote.

The Senate returned to the Senate chamber.

The Senate stood at ease at 2:23 p.m. until the fall of the gavel.

The Senate resumed session at 2:30 p.m., President Kibbie presiding.

QUORUM CALL

Senator Gronstal requested a nonrecord roll call to determine that a quorum was present.

The vote revealed 47 present, 3 absent, and a quorum present.

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:

Thomas Clause, Architectural Examining Board

Christina Taylor, Board of Athletic Training

Daniel Harkness, Board of Behavioral Science

Julie Mueller, Board of Chiropractic

Patti Brown, Commission on Community Action Agencies

Tina Kastendieck, Commission of Deaf Services

Jane Larkin, Iowa Drug Policy Advisory Council

Donald Doudna, Early Childhood Iowa State Board

Duane Cottingham, Commission on Judicial Qualifications

Larry Dallenbach, Board of Massage Therapy

912 JOURNAL OF THE SENATE 87th Day

Peggy Rice, Mental Health Risk Pool Board

Jenny Pitts, Plumbing and Mechanical Systems Examining Board

Heidi Vermeer-Quist, Board of Psychology

David Stone, Board of Social Work

Senator Gronstal moved that the foregoing appointees be confirmed by the Senate.

On the question ―Shall the appointees be confirmed?‖ the vote was:

Yeas, 50:

Anderson Danielson Hatch Rielly Bacon Dearden Hogg Schoenjahn Bartz Dix Horn Seng Beall Dotzler Houser Seymour Behn Dvorsky Jochum Smith Bertrand Ernst Johnson Sodders Black Feenstra Kapucian Sorenson Boettger Fraise Kettering Ward Bolkcom Greiner Kibbie Whitver Bowman Gronstal McCoy Wilhelm Chelgren Hahn McKinley Zaun Courtney Hamerlinck Quirmbach Dandekar Hancock Ragan

Nays, none.

Absent, none.

The appointees, having received a two-thirds vote, were declared to have been confirmed by the Senate.

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 April 5, 2011, amended and passed the following bill in which the concurrence of the Senate is asked:

87th Day WEDNESDAY, APRIL 6, 2011 913

Senate File 511, a bill for an act relating to and making appropriations to the judicial branch. (S–3220)

ALSO: That the House has on April 5, 2011, passed the following bill in which the concurrence of the Senate is asked:

House File 645, a bill for an act relating to the funding of, the operation of, and appropriation of moneys to the college student aid commission, the department for the blind, the department of education, and the state board of regents, and providing for related matters and for effective date, applicability provisions and retroactive applicability provisions.

Read first time and referred to committee on Appropriations.

CONSIDERATION OF BILL (Appropriations Calendar)

Senator Gronstal asked and received unanimous consent to take up for consideration House File 642.

House File 642

On motion of Senator McCoy, House File 642, a bill for an act relating to and making transportation and other infrastructure- related appropriations to the department of transportation, including allocation and use of moneys from the road use tax fund and the primary road fund, with report of committee recommending amendment and passage, was taken up for consideration.

Senator McCoy offered amendment S–3216, filed by the committee on Appropriations on April 5, 2011, to pages 1–5 of the bill, and moved its adoption.

Amendment S–3216 was adopted by a voice vote.

Senator McCoy 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.

914 JOURNAL OF THE SENATE 87th Day

On the question ―Shall the bill pass?‖ (H.F. 642), the vote was:

Yeas, 26:

Beall Dearden Hogg Rielly Black Dotzler Horn Schoenjahn Bolkcom Dvorsky Jochum Seng Bowman Fraise Kibbie Sodders Courtney Gronstal McCoy Wilhelm Dandekar Hancock Quirmbach Danielson Hatch Ragan

Nays, 24:

Anderson Chelgren Hamerlinck Seymour Bacon Dix Houser Smith Bartz Ernst Johnson Sorenson Behn Feenstra Kapucian Ward Bertrand Greiner Kettering Whitver Boettger Hahn McKinley Zaun

Absent, none.

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

CONSIDERATION OF BILLS (Regular Calendar)

Senator Gronstal asked and received unanimous consent to take up for consideration House Files 593, 592, 557, and 454.

House File 593

On motion of Senator Sodders, House File 593, a bill for an act relating to the education requirements for licensed massage therapists, with report of committee recommending passage, 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.

87th Day WEDNESDAY, APRIL 6, 2011 915

On the question ―Shall the bill pass?‖ (H.F. 593), the vote was:

Yeas, 50:

Anderson Danielson Hatch Rielly Bacon Dearden Hogg Schoenjahn Bartz Dix Horn Seng Beall Dotzler Houser Seymour Behn Dvorsky Jochum Smith Bertrand Ernst Johnson Sodders Black Feenstra Kapucian Sorenson Boettger Fraise Kettering Ward Bolkcom Greiner Kibbie Whitver Bowman Gronstal McCoy Wilhelm Chelgren Hahn McKinley Zaun Courtney Hamerlinck Quirmbach Dandekar Hancock Ragan

Nays, none.

Absent, none.

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

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Greiner, until she returns, on request of Senator McKinley.

House File 592

On motion of Senator Hancock, House File 592, a bill for an act establishing the council for agricultural education, with report of committee recommending passage, was taken up for consideration.

Senator Hancock 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. 592), the vote was:

Yeas, 45:

Anderson Dearden Horn Seng Bacon Dix Houser Seymour Bartz Dotzler Jochum Smith 916 JOURNAL OF THE SENATE 87th Day

Beall Dvorsky Johnson Sodders Bertrand Ernst Kapucian Sorenson Black Fraise Kibbie Ward Boettger Gronstal McCoy Whitver Bolkcom Hahn McKinley Wilhelm Bowman Hamerlinck Quirmbach Zaun Courtney Hancock Ragan Dandekar Hatch Rielly Danielson Hogg Schoenjahn

Nays, 4:

Behn Chelgren Feenstra Kettering

Absent, 1:

Greiner

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

House File 557

On motion of Senator Seng, House File 557, a bill for an act relating to swine moved to and from exhibitions, and the duties of veterinarians, and including effective date provisions, with report of committee recommending amendment and passage, was taken up for consideration.

Senator Seng offered amendment S–3191, filed by the committee on Agriculture on March 30, 2011, to page 1 of the bill, and moved its adoption.

Amendment S–3191 was adopted by a voice vote.

Senator Seng 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. 557), the vote was:

Yeas, 49:

Anderson Danielson Hogg Schoenjahn Bacon Dearden Horn Seng Bartz Dix Houser Seymour 87th Day WEDNESDAY, APRIL 6, 2011 917

Beall Dotzler Jochum Smith Behn Dvorsky Johnson Sodders Bertrand Ernst Kapucian Sorenson Black Feenstra Kettering Ward Boettger Fraise Kibbie Whitver Bolkcom Gronstal McCoy Wilhelm Bowman Hahn McKinley Zaun Chelgren Hamerlinck Quirmbach Courtney Hancock Ragan Dandekar Hatch Rielly

Nays, none.

Absent, 1:

Greiner

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

House File 454

On motion of Senator Bowman, House File 454, a bill for an act permitting city utilities and certain cities to delegate the authority to certify unpaid rates or charges for collection by the county treasurer, with report of committee recommending passage, was taken up for consideration.

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?‖ (H.F. 454), the vote was:

Yeas, 49:

Anderson Danielson Hogg Schoenjahn Bacon Dearden Horn Seng Bartz Dix Houser Seymour Beall Dotzler Jochum Smith Behn Dvorsky Johnson Sodders Bertrand Ernst Kapucian Sorenson Black Feenstra Kettering Ward Boettger Fraise Kibbie Whitver Bolkcom Gronstal McCoy Wilhelm Bowman Hahn McKinley Zaun

918 JOURNAL OF THE SENATE 87th Day

Chelgren Hamerlinck Quirmbach Courtney Hancock Ragan Dandekar Hatch Rielly

Nays, none.

Absent, 1:

Greiner

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 House Files 454, 557, 592, 593, and 642 be immediately messaged to the House.

CONSIDERATION OF BILLS (Regular Calendar)

Senator Gronstal asked and received unanimous consent to take up for consideration House Files 565, 404, 390, 389, and 299.

House File 565

On motion of Senator Hogg, House File 565, a bill for an act relating to business entities by providing for service of process for foreign corporations and the naming of professional limited liability companies, and including effective and applicability date provisions, with report of committee recommending passage, 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. 565), the vote was:

Yeas, 49:

Anderson Danielson Hogg Schoenjahn Bacon Dearden Horn Seng Bartz Dix Houser Seymour Beall Dotzler Jochum Smith 87th Day WEDNESDAY, APRIL 6, 2011 919

Behn Dvorsky Johnson Sodders Bertrand Ernst Kapucian Sorenson Black Feenstra Kettering Ward Boettger Fraise Kibbie Whitver Bolkcom Gronstal McCoy Wilhelm Bowman Hahn McKinley Zaun Chelgren Hamerlinck Quirmbach Courtney Hancock Ragan Dandekar Hatch Rielly

Nays, none.

Absent, 1:

Greiner

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

House File 404

On motion of Senator Anderson, House File 404, a bill for an act relating to payments for prepaid cemetery and funeral merchandise, and funeral services that are required to be placed in trust or secured by a surety bond, with committee recommending passage, was taken up for consideration.

Senator Anderson 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. 404), the vote was:

Yeas, 47:

Anderson Dandekar Hancock Quirmbach Bacon Danielson Hatch Rielly Bartz Dearden Hogg Seng Beall Dix Horn Seymour Behn Dotzler Houser Smith Bertrand Dvorsky Jochum Sodders Black Ernst Johnson Sorenson Boettger Feenstra Kapucian Ward Bolkcom Fraise Kettering Whitver

920 JOURNAL OF THE SENATE 87th Day

Bowman Gronstal Kibbie Wilhelm Chelgren Hahn McCoy Zaun Courtney Hamerlinck McKinley

Nays, 2:

Ragan Schoenjahn

Absent, 1:

Greiner

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

House File 390

On motion of Senator Seymour, House File 390, a bill for an act relating to an Alzheimer’s disease response strategy, with report of committee recommending passage, was taken up for consideration.

Senator Seymour 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. 390), the vote was:

Yeas, 49:

Anderson Danielson Hogg Schoenjahn Bacon Dearden Horn Seng Bartz Dix Houser Seymour Beall Dotzler Jochum Smith Behn Dvorsky Johnson Sodders Bertrand Ernst Kapucian Sorenson Black Feenstra Kettering Ward Boettger Fraise Kibbie Whitver Bolkcom Gronstal McCoy Wilhelm Bowman Hahn McKinley Zaun Chelgren Hamerlinck Quirmbach Courtney Hancock Ragan Dandekar Hatch Rielly

Nays, none.

Absent, 1:

Greiner

The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. 87th Day WEDNESDAY, APRIL 6, 2011 921

House File 389

On motion of Senator Hatch, House File 389, a bill for an act relating to investigative costs of the Medicaid fraud control unit, with report of committee recommending passage, was taken up for consideration.

Senator Hatch 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. 389), the vote was:

Yeas, 49:

Anderson Danielson Hogg Schoenjahn Bacon Dearden Horn Seng Bartz Dix Houser Seymour Beall Dotzler Jochum Smith Behn Dvorsky Johnson Sodders Bertrand Ernst Kapucian Sorenson Black Feenstra Kettering Ward Boettger Fraise Kibbie Whitver Bolkcom Gronstal McCoy Wilhelm Bowman Hahn McKinley Zaun Chelgren Hamerlinck Quirmbach Courtney Hancock Ragan Dandekar Hatch Rielly

Nays, none.

Absent, 1:

Greiner

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

House File 299

On motion of Senator Dandekar, House File 299, a bill for an act relating to the unlawful possession of or entry upon specified personal and public utility property, and providing penalties, with report of committee recommending passage, was taken up for consideration.

922 JOURNAL OF THE SENATE 87th Day

Senator Dandekar 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. 299), the vote was:

Yeas, 49:

Anderson Danielson Hogg Schoenjahn Bacon Dearden Horn Seng Bartz Dix Houser Seymour Beall Dotzler Jochum Smith Behn Dvorsky Johnson Sodders Bertrand Ernst Kapucian Sorenson Black Feenstra Kettering Ward Boettger Fraise Kibbie Whitver Bolkcom Gronstal McCoy Wilhelm Bowman Hahn McKinley Zaun Chelgren Hamerlinck Quirmbach Courtney Hancock Ragan Dandekar Hatch Rielly

Nays, none.

Absent, 1:

Greiner

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 House Files 299, 389, 390, 404, and 565 be immediately messaged to the House.

ADJOURNMENT

On motion of Senator Gronstal, the Senate adjourned at 3:28 p.m. until 9:00 a.m., Thursday, April 7, 2011.

87th Day WEDNESDAY, APRIL 6, 2011 923

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:

OFFICE OF AUDITOR OF STATE

FY 2010 Single Audit Report, pursuant to Iowa Code section 11.27. Report received on April 6, 2011.

CERTIFICATE OF RECOGNITION

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

Marie Watermiller, Hampton—For celebrating her 100th birthday. Senator Bartz (4/6/11).

REPORT OF COMMITTEE MEETING

RULES AND ADMINISTRATION

Convened: Wednesday, April 6, 2011, 10:05 a.m.

Members Present: Gronstal, Chair; Kibbie, Vice Chair; McKinley, Ranking Member; Bartz, Courtney, Danielson, Dearden, Dvorsky, Kettering, Ragan, and Zaun.

Members Absent: None.

Committee Business: Passed SR 7.

Adjourned: 10:10 a.m.

FINAL COMMITTEE REPORT OF BILL ACTION

RULES AND ADMINISTRATION

Bill Title: SENATE RESOLUTION 7, a resolution urging the nullification of rules adopted by the United States Environmental Protection Agency relating to national emissions standards for hazardous air pollutants for reciprocating internal combustion engines.

Recommendation: DO PASS.

924 JOURNAL OF THE SENATE 87th Day

Final Vote: Ayes, 11: Gronstal, Kibbie, McKinley, Bartz, Courtney, Danielson, Dearden, Dvorsky, Kettering, Ragan, and Zaun. Nays, none. Absent, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

BILLS SIGNED BY THE GOVERNOR

A communication was received announcing that on April 6, 2011, the Governor approved and transmitted to the Secretary of State the following bills:

Senate File 7 – Providing for a .08 blood alcohol limit for motorboat or sailboat operating while intoxicated offenses.

Senate File 474 – Relating to nonsubstantive Code corrections and including effective date and retroactive applicability provisions.

PETITION

The following petition was presented and placed on file:

From the Izaak Walton League Board of Directors and 150 citizens opposing the transfer of authority and funding for water quality programs from the Department of Natural Resources to the Department of Agriculture and Land Stewardship. Senator Gronstal.

AMENDMENTS FILED

S–3219 S.R. 7 John P. Kibbie Merlin Bartz S–3220 S.F. 511 House

87th Day WEDNESDAY, APRIL 6, 2011 925

JOINT MEMORIAL SERVICE EIGHTY-FOURTH GENERAL ASSEMBLY SENATE CHAMBER WEDNESDAY, APRIL 6, 2011

PROGRAM Senate President John P. ―Jack‖ Kibbie, Presiding

Prelude Ombudsman Ruth Cooperrider ―Iowa, My Iowa‖ Memorial Choir Invocation Senator John P. Kibbie

MEMORIALS Readers: Representative Kelley, Senator Beall, Representative Forristall, Senator Johnson

Hon. Sam Anania (H) Hon. Paul Bell (H) Hon. S.J. Brownlee (S) Hon. Donald Gries (H) Hon. William ―Bill‖ Harbor (S/H) Hon. Philip B. Hill (S/H) Hon. Robert M.L. Johnson (H) Hon. Robert McDonald Kreamer (H)

―Shenandoah‖ Memorial Choir

MEMORIALS Readers: Representative Murphy, Representative Pettengill, Representative Hanusa, Senator Fraise

Hon. Joe Kremer (H) Hon. Clifton ―Cliff‖ Lamborn (S) Hon. Opal L. Miller (H) Hon. William C. Stuart (S) Hon. Jane Svoboda (H) Hon. (S) Hon. James D. Wells (S/H)

Responsorial Reading Led by Senator Kibbie ―Battle Hymn of the Republic‖ Memorial Choir

* Senate – (S) and House – (H)

926 JOURNAL OF THE SENATE 87th Day

IN MEMORIAM

SERVED IN THE SENATE

Honorable S.J. Brownlee (Palo Alto) 63rd and 64th General Assemblies (1969-1972)

Honorable Clifton “Cliff” Lamborn (Jackson) 62nd, 63rd, 64th, 65th, and 66th General Assemblies (1967-1976)

Honorable William C. Stuart (Lucas) 55th, 56th, 57th, 58th, and 59th General Assemblies (1953-1961)

Honorable Elaine Szymoniak (Polk) 73rd, 74th, 74th Extra, 74th Second Extra, 75th, 76th, 77th, and 78th General Assemblies (1989-2000)

SERVED IN THE SENATE AND THE HOUSE OF REPRESENTATIVES

Honorable William “Bill” Harbor (Mills) 56th, 57th, 58th, 62nd, 63rd, 64th, 67th, 67th Extra, 68th, 69th, 69th Extra, 69th Second Extra, 70th, 71st, 72nd, 72nd Extra, 72nd Second Extra, 73rd, 74th, 74th Extra, and 74th Second Extra General Assemblies (1955-1992)

Honorable Philip B. Hill (Polk) 64th, 65th, 66th, and 67th, and 67th Extra General Assemblies (1971-1978)

Honorable James D. Wells (Linn) 63rd, 64th, 65th, 66th, 67th, 67th Extra, 68th, 69th, 69th Extra, 69th Second Extra, 70th, 71st, 72nd, 72nd Extra, and 72nd Second Extra General Assemblies (1969-1988)

SERVED IN THE HOUSE OF REPRESENTATIVES

Honorable Sam Anania (Polk) 64th General Assembly (1971-1972)

Honorable Paul Bell (Jasper) 75th, 76th, 77th, 78th, 79th, 79th Extra, 79th Second Extra, 80th, 80th Extra, 80th Second Extra, 81st, 82nd, and 83rd General Assemblies (1993- 2010)

Honorable Donald Gries (Crawford) 75th, 76th, and 77th General Assemblies (1993- 1998)

Honorable Robert M.L. Johnson (Linn) 68th, 69th, 69th Extra, and 69th Second Extra General Assemblies (1979-1982)

Honorable Robert McDonald Kreamer (Polk) 63rd, 64th, 65th, and 66th General Assemblies (1969-1976)

Honorable Joe Kremer (Buchanan) 71st, 72nd, 72nd Extra, 72nd Second Extra, 73rd, 74th, 74th Second Extra, 76th, and 77th General Assemblies (1985-1992 and 1995-1998)

Honorable Opal L. Miller (Calhoun) 66th and 67th General Assemblies (1975-1978)

Honorable Jane Svoboda (Tama) 72nd, 72nd Extra, 72nd Second Extra, 73rd, 74th, 74th Extra, and 74th Second Extra General Assemblies (1987-1992) 87th Day WEDNESDAY, APRIL 6, 2011 927

Senate Memorial Committee Hosts Senator Gene Fraise, Chair Senator Nancy Boettger Senator Robert Bacon Senator Wally Horn Senator Dennis Black Representative Vicki Lensing Senator Nancy Boettger Representative Jack Drake Senator Robert Dvorsky Senator Host Helpers Senator Wally Horn Mr. Dave Boettger Senator David Johnson Mr. Jim Obradovich Ms. Phyllis Peterson House Memorial Committee Mr. Vern Schroeder Representative Vicki Lensing, Chair Representative Julian Garrett Candlelighters Representative Mary Ann Hanusa Senator Robert Bacon Representative Dan Kelley Senator Swati Dandekar Senator Joni Ernst Representative Julian Garrett Representative Bruce Hunter