PROOF _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ STATE OF IOWA Senate Journal FRIDAY, APRIL 24, 2009 __________ 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.) _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ 1212 JOURNAL OF THE SENATE 103rd Day JOURNAL OF THE SENATE __________ ONE HUNDRED THIRD CALENDAR DAY SIXTY-SECOND SESSION DAY Senate Chamber Des Moines, Iowa, Friday, April 24, 2009 The Senate met in regular session at 2:00 p.m., President Kibbie presiding. Prayer was offered by the Honorable John Kibbie, member of the Senate from Palo Alto County, Emmetsburg, Iowa. The Journal of Thursday, April 23, 2009, was approved. HOUSE MESSAGES RECEIVED 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 24, 2009, passed the following bill in which the concurrence of the House was asked: Senate File 465, a bill for an act relating to identity theft protection by requiring reporting and by making changes to the duties of county recorders, the fees collected by the county recorders, and the county land record information system. ALSO: That the House has on April 23, 2009, appointed the conference committee to Senate File 389, a bill for an act relating to health care, health care providers, and health care coverage, providing penalties, and providing retroactive and other effective dates, and the Conference Committee members on the part of the House are: the Representative from Polk, Representative Rick Olson, Chair; the Representative from Polk, Representative Ford; the Representative from Cedar, Representative Kaufmann; the Representative from Marshall, Representative Smith; the Representative from Plymouth, Representative Soderberg. 103rd Day FRIDAY, APRIL 24, 2009 1213 RECESS On motion of Senator Gronstal, the Senate recessed at 2:02 p.m. until 4:00 p.m. RECONVENED The Senate reconvened at 4:49 p.m., President Kibbie 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 April 24, 2009, passed the following bill in which the concurrence of the House was asked: Senate File 340, a bill for an act relating to the sex offender registry, making fees applicable, and providing for penalties. ALSO: That the House has on April 24, 2009, adopted the conference committee report and passed Senate File 457, a bill for an act relating to disaster recovery by legalizing certain actions taken and proceedings conducted by cities and counties in response to a natural disaster, designating certain activities as essential corporate purposes and essential county purposes, amending provisions related to local bonding authority and contract letting requirements, amending provisions relating to emergency contract letting requirements for joint governmental entities and institutions under the control of the board of regents, amending provisions related to city and county lease contracts and loan agreements, modifying provisions relating to municipal support of certain projects, amending provisions related to expenditures from certain revolving loan funds, and including effective date and retroactive applicability date provisions. ALSO: That the House has on April 24, 2009, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 304, a bill for an act relating to withholding agreements and local match requirements of the targeted jobs withholding tax credit program. (S–3322) The Senate stood at ease at 4:54 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 5:32 p.m., President Kibbie presiding. 1214 JOURNAL OF THE SENATE 103rd Day HOUSE MESSAGE RECEIVED AND CONSIDERED The following message was received from the Chief Clerk of the House: MR. PRESIDENT: I am directed to inform your honorable body that the House has on April 24, 2009, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 432, a bill for an act regulating animal feeding operations, making penalties applicable, and providing for penalties. (S–3323) LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Hancock, until he arrives, on request of Senator Olive. CONFERENCE COMMITTEE REPORT RECEIVED Senate File 224 A conference committee report, signed by the following Senate and House members, was filed April 24, 2009, on Senate File 224, a bill for an act relating to the licensing and regulation of plumbers, mechanical professionals, and contractors, and including an applicability provision: On the part of the Senate: On the part of the House: JEFF DANIELSON, Chair BRIAN QUIRK, Chair STACI APPEL KEVIN KOESTER STEVE SODDERS DOUG STRUYK ROGER THOMAS NATE WILLEMS CONFERENCE COMMITTEE REPORT CONSIDERED Senate File 224 Senator Danielson called up the conference committee report on Senate File 224, a bill for an act relating to the licensing and regulation of plumbers, mechanical professionals, and contractors, and including an applicability provision, filed on April 24, 2009, and moved its adoption. 103rd Day FRIDAY, APRIL 24, 2009 1215 The motion prevailed by a voice vote, and the conference committee report, and the recommendations and amendments contained therein, was adopted. Senator Danielson 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. 224), the vote was: Yeas, 31: Appel Dotzler Jochum Schoenjahn Beall Dvorsky Kibbie Seng Black Fraise Kreiman Sodders Bolkcom Gronstal McCoy Stewart Courtney Hatch Quirmbach Ward Dandekar Heckroth Ragan Warnstadt Danielson Hogg Rielly Wilhelm Dearden Horn Schmitz Nays, 18: Bartz Hamerlinck Kettering Seymour Behn Hartsuch McKinley Wieck Boettger Houser Noble Zaun Feenstra Johnson Olive Hahn Kapucian Reynolds Absent, 1: Hancock The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. President Pro Tempore Danielson took the chair at 5:36 p.m. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Zaun, until he returns, on request of Senator Kettering. 1216 JOURNAL OF THE SENATE 103rd Day CONFERENCE COMMITTEE REPORT RECEIVED Senate File 470 A conference committee report, signed by the following Senate and House members, was filed April 24, 2009, on Senate File 470, 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, providing for related matters, and providing effective dates: On the part of the Senate: On the part of the House: BRIAN SCHOENJAHN, Chair CINDY WINCKLER, Chair WILLIAM HECKROTH GENE FICKEN HERMAN C. QUIRMBACH BOB KRESSIG CONFERENCE COMMITTEE REPORT CONSIDERED Senate File 470 Senator Schoenjahn called up the conference committee report on Senate File 470, 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, providing for related matters, and providing effective dates, filed on April 24, 2009, and moved its adoption. The motion prevailed by a voice vote, and the conference committee report, and the recommendations and amendments contained therein, was adopted. 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. 103rd Day FRIDAY, APRIL 24, 2009 1217 On the question “Shall the bill pass?” (S.F. 470), the vote was: Yeas, 30: Appel Dotzler Jochum Schoenjahn Beall Dvorsky Kibbie Seng Black Fraise McCoy Sodders Bolkcom Gronstal Olive Stewart Courtney Hatch Quirmbach Warnstadt Dandekar Heckroth Ragan Wilhelm Danielson Hogg Rielly Dearden Horn Schmitz Nays, 18: Bartz Hamerlinck Kettering Seymour Behn Hartsuch Kreiman Ward Boettger Houser McKinley Wieck Feenstra Johnson Noble Hahn Kapucian Reynolds Absent, 2: Hancock Zaun 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 224 and 470 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 304 Senator Rielly called up for consideration Senate File 304, a bill for an act relating to withholding agreements and local match requirements of the targeted jobs withholding tax credit program, amended by the House in House amendment S–3322, filed April 24, 2009. Senator Rielly moved that the Senate concur in the House amendment. 1218 JOURNAL