Senate Journal

PROOF

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STATE OF IOWA

Senate Journal

FRIDAY, APRIL 24, 2009

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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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1212 JOURNAL OF THE SENATE 103rd Day

JOURNAL OF THE SENATE

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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 OF THE SENATE 103rd Day

The motion prevailed by a voice vote and the Senate concurred in the House amendment.

Senator Rielly moved that the bill, as amended by the House and concurred in by the Senate, 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. 304), the vote was:

Yeas, 48:

Appel Dvorsky Jochum Reynolds Bartz Feenstra Johnson Rielly Beall Fraise Kapucian Schmitz Behn Gronstal Kettering Schoenjahn Black Hahn Kibbie Seng Boettger Hamerlinck Kreiman Seymour Bolkcom Hartsuch McCoy Sodders Courtney Hatch McKinley Stewart Dandekar Heckroth Noble Ward Danielson Hogg Olive Warnstadt Dearden Horn Quirmbach Wieck Dotzler Houser Ragan Wilhelm

Nays, none.

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 File 304 be immediately messaged to the House.

HOUSE AMENDMENT CONSIDERED

Senate File 432

Senator Kibbie called up for consideration Senate File 432, a bill for an act regulating animal feeding operations, making penalties applicable, and providing for penalties, amended by the House in House amendment S–3323, filed April 24, 2009. 103rd Day FRIDAY, APRIL 24, 2009 1219

Senator Kibbie moved that the Senate concur in the House amendment.

The motion prevailed by a voice vote and the Senate concurred in the House amendment.

Senator Kibbie moved that the bill, as amended by the House and concurred in by the Senate, 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. 432), the vote was:

Yeas, 41:

Appel Feenstra Kapucian Schoenjahn Bartz Fraise Kettering Seng Beall Gronstal Kibbie Seymour Behn Hahn Kreiman Sodders Black Hamerlinck McKinley Stewart Boettger Hartsuch Noble Ward Courtney Heckroth Olive Wieck Dandekar Hogg Ragan Wilhelm Danielson Horn Reynolds Dearden Houser Rielly Dvorsky Johnson Schmitz

Nays, 7:

Bolkcom Hatch McCoy Warnstadt Dotzler Jochum Quirmbach

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 File 432 be immediately messaged to the House.

1220 JOURNAL OF THE SENATE 103rd Day

CONFERENCE COMMITTEE REPORT RECEIVED

Senate File 389

A conference committee report, signed by the following Senate and House members, was filed April 24, 2009, on 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:

On the part of the Senate: On the part of the House:

JACK HATCH, Chair RICK OLSON, Chair MIKE GRONSTAL WAYNE FORD DAVID HARTSUCH JEFF KAUFMANN DAVID JOHNSON MARK SMITH JOHN KIBBIE CHUCK SODERBERG

CONFERENCE COMMITTEE REPORT CONSIDERED

Senate File 389

Senator Hatch called up the conference committee report on 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, 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 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?” (S.F. 389), the vote was:

Yeas, 39:

Appel Dvorsky Johnson Schmitz Bartz Feenstra Kapucian Schoenjahn Beall Fraise Kibbie Seng Black Gronstal Kreiman Seymour Bolkcom Hatch McCoy Sodders 103rd Day FRIDAY, APRIL 24, 2009 1221

Courtney Heckroth Noble Stewart Dandekar Hogg Olive Ward Danielson Horn Quirmbach Warnstadt Dearden Houser Ragan Wilhelm Dotzler Jochum Rielly

Nays, 9:

Behn Hamerlinck McKinley Boettger Hartsuch Reynolds Hahn Kettering Wieck

Absent, 2:

Hancock Zaun

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

IMMEDIATELY MESSAGED

Senator Gronstal asked and received unanimous consent that Senate File 389 be immediately messaged to the House.

RECESS

On motion of Senator Gronstal, the Senate recessed at 6:15 p.m. until 7:15 p.m.

EVENING SESSION

The Senate reconvened at 7:47 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, adopted the conference committee report and passed 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.

ALSO: That the House has on April 24, 2009, adopted the conference committee report and passed 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.

1222 JOURNAL OF THE SENATE 103rd Day

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 474, a bill for an act relating to the bonding authorization of the state board of regents for flood repair, restoration, replacement, and mitigation at the state university of Iowa. (S–3326)

CONSIDERATION OF BILL (Unfinished Business Calendar)

Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 477.

Senate File 477

On motion of Senator McCoy, Senate File 477, a bill for an act relating to the issuance of bonds and making of appropriations for capital and other essential purposes, placed on the Unfinished Business Calendar on April 10, 2009, was taken up for consideration.

(Senate File 477 was deferred.)

The Senate stood at ease at 7:50 p.m. until the fall of the gavel for the purpose of a Republican party caucus.

The Senate resumed session at 8:36 p.m., President Kibbie presiding.

The Senate resumed consideration of Senate File 477.

Senator McCoy offered amendment S–3324, filed by him 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–3324 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.

On the question “Shall the bill pass?” (S.F. 477), the vote was:

Yeas, 30:

Appel Dotzler Jochum Schoenjahn Beall Dvorsky Kibbie Seng 103rd Day FRIDAY, APRIL 24, 2009 1223

Black Fraise Kreiman Sodders Bolkcom Gronstal McCoy Stewart Courtney Hatch Quirmbach Warnstadt Dandekar Heckroth Ragan Wilhelm Danielson Hogg Rielly Dearden Horn Schmitz

Nays, 19:

Bartz Hamerlinck Kettering Seymour Behn Hartsuch McKinley Ward Boettger Houser Noble Wieck Feenstra Johnson Olive Zaun Hahn Kapucian Reynolds

Absent, 1:

Hancock

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

IMMEDIATELY MESSAGED

Senator Gronstal asked and received unanimous consent that Senate File 477 be immediately messaged to the House.

HOUSE AMENDMENT CONSIDERED

Senate File 474

Senator McCoy called up for consideration Senate File 474, a bill for an act relating to the bonding authorization of the state board of regents for flood repair, restoration, replacement, and mitigation at the state university of Iowa, amended by the House in House amendment S–3326, filed April 24, 2009.

Senator McCoy moved that the Senate concur in the House amendment.

A record roll call was requested.

On the question “Shall the motion to concur be adopted?” (S.F. 474), the vote was:

Yeas, 31:

Appel Dotzler Jochum Schmitz Beall Dvorsky Kibbie Schoenjahn 1224 JOURNAL OF THE SENATE 103rd Day

Black Fraise Kreiman Seng Bolkcom Gronstal McCoy Sodders Courtney Hatch Olive Stewart Dandekar Heckroth Quirmbach Warnstadt Danielson Hogg Ragan Wilhelm Dearden Horn Rielly

Nays, 18:

Bartz Hamerlinck Kettering Ward Behn Hartsuch McKinley Wieck Boettger Houser Noble Zaun Feenstra Johnson Reynolds Hahn Kapucian Seymour

Absent, 1:

Hancock

The motion prevailed by a voice vote and the Senate concurred in the House amendment.

Senator McCoy moved that the bill, as amended by the House and concurred in by the Senate, 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. 474), the vote was:

Yeas, 31:

Appel Dotzler Jochum Schmitz Beall Dvorsky Kibbie Schoenjahn Black Fraise Kreiman Seng Bolkcom Gronstal McCoy Sodders Courtney Hatch Olive Stewart Dandekar Heckroth Quirmbach Warnstadt Danielson Hogg Ragan Wilhelm Dearden Horn Rielly

Nays, 18:

Bartz Hamerlinck Kettering Ward Behn Hartsuch McKinley Wieck Boettger Houser Noble Zaun

103rd Day FRIDAY, APRIL 24, 2009 1225

Feenstra Johnson Reynolds Hahn Kapucian Seymour

Absent, 1:

Hancock

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

IMMEDIATELY MESSAGED

Senator Gronstal asked and received unanimous consent that Senate File 474 be immediately messaged to the House.

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 483, a bill for an act relating to state taxes by limiting tax credits available under certain economic development programs and agricultural assets transfer agreements, eliminating the carryback of net operating losses, modifying refund interest provisions, and including retroactive applicability date and other applicability date provisions. (S–3327)

The Senate stood at ease at 8:59 p.m. until the fall of the gavel for the purpose of a Democratic party caucus.

The Senate resumed session at 11:00 p.m., President Kibbie presiding.

HOUSE AMENDMENT CONSIDERED

Senate File 483

Senator Jochum called up for consideration Senate File 483, a bill for an act relating to state taxes by limiting tax credits available under certain economic development programs and agricultural 1226 JOURNAL OF THE SENATE 103rd Day assets transfer agreements, eliminating the carryback of net operating losses, modifying refund interest provisions, and including retroactive applicability date and other applicability date provisions, amended by the House in House amendment S–3327, filed April 24, 2009.

Senator Jochum moved that the Senate concur in the House amendment.

The motion prevailed by a voice vote and the Senate concurred in the House amendment.

Senator Jochum moved that the bill, as amended by the House and concurred in by the Senate, 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. 483), the vote was:

Yeas, 31:

Nays, 18:

Bartz Hamerlinck Kettering Ward Behn Hartsuch McKinley Wieck Boettger Houser Noble Zaun Feenstra Johnson Reynolds Hahn Kapucian Seymour

Absent, 1:

Hancock

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

103rd Day FRIDAY, APRIL 24, 2009 1227

IMMEDIATELY MESSAGED

Senator Gronstal asked and received unanimous consent that Senate File 483 be immediately messaged to the House.

CONSIDERATION OF BILL (Unfinished Business Calendar)

Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 478.

Senate File 478

On motion of Senator Dvorsky, Senate File 478, a bill for an act relating to state and local finances by providing for funding of property tax credits and reimbursements, by making, increasing, and reducing appropriations, providing for salaries and compensation of state employees, providing for matters relating to tax credits, providing for fees and penalties, and providing for properly related matters, placed on the Unfinished Business Calendar on April 10, 2009, was taken up for consideration.

Senator Dvorsky offered amendment S–3328, filed by him from the floor striking and replacing everything after the enacting clause and amending the title page of the bill.

(Senate File 478 and amendment S–3328 were deferred.)

The Senate stood at ease at 11:10 p.m. until the fall of the gavel for the purpose of a Republican party caucus.

The Senate resumed session at 12:35 a.m., President Kibbie presiding.

The Senate resumed consideration of Senate File 478 and amendment S–3328, previously deferred.

Senator Hartsuch offered amendment S–3333, filed by Senator Hartsuch, et al., from the floor to page 26 of amendment S–3328, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S–3333 be adopted?” (S.F. 478), the vote was:

Yeas, 16:

Bartz Hahn Johnson Reynolds Behn Hamerlinck Kettering Seymour 1228 JOURNAL OF THE SENATE 103rd Day

Boettger Hartsuch McKinley Wieck Feenstra Houser Noble Zaun

Nays, 33:

Appel Dvorsky Kibbie Seng Beall Fraise Kreiman Sodders Black Gronstal McCoy Stewart Bolkcom Hatch Olive Ward Courtney Heckroth Quirmbach Warnstadt Dandekar Hogg Ragan Wilhelm Danielson Horn Rielly Dearden Jochum Schmitz Dotzler Kapucian Schoenjahn

Absent, 1:

Hancock

Amendment S–3333 lost.

Senator Bartz offered amendment S–3330, filed by him from the floor to page 33 of amendment S–3328, and moved its adoption.

Amendment S–3330 was adopted by a voice vote.

Senator Gronstal offered amendment S–3329, filed by him from the floor to page 33 of amendment S–3328, and moved its adoption.

Amendment S–3329 was adopted by a voice vote.

Senator Hogg offered amendment S–3332, filed by him from the floor to page 39 of amendment S–3328, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S–3332 to amendment S–3328 be adopted?” (S.F. 478), the vote was:

Yeas, 49:

Bolkcom Hatch Noble Warnstadt Courtney Heckroth Olive Wieck Dandekar Hogg Quirmbach Wilhelm Danielson Horn Ragan Zaun Dearden Houser Reynolds Dotzler Jochum Rielly Dvorsky Johnson Schmitz

Nays, none.

Absent, 1:

Hancock

Amendment S–3332 was adopted.

Senator Johnson offered amendment S–3335, filed by him from the floor to page 44 of amendment S–3328, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S–3335 to amendment S–3328 be adopted?” (S.F. 478), the vote was:

Yeas, 24:

Bartz Hamerlinck Johnson Reynolds Behn Hartsuch Kapucian Seng Boettger Hogg Kettering Seymour Dandekar Horn Kibbie Ward Feenstra Houser McKinley Wieck Hahn Jochum Noble Zaun

Nays, 25:

Appel Dotzler McCoy Sodders Beall Dvorsky Olive Stewart Black Fraise Quirmbach Warnstadt Bolkcom Gronstal Ragan Wilhelm Courtney Hatch Rielly Danielson Heckroth Schmitz Dearden Kreiman Schoenjahn

Absent, 1:

Hancock

Amendment S–3335 lost.

1230 JOURNAL OF THE SENATE 103rd Day

Senator Dearden offered amendment S–3331, filed by him from the floor to page 65 of amendment S–3328, and moved its adoption.

Amendment S–3331 was adopted by a voice vote.

Senator Kreiman withdrew amendment S–3334, filed by him from the floor to pages 67 and 68 of amendment S–3328.

Senator Dandekar offered amendment S–3339, filed by Senators Dandekar and Horn from the floor to pages 26, 34, and 35 of amendment S–3328, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S–3339 to amendment S–3328 be adopted?” (S.F. 478), the vote was:

Yeas, 24:

Bartz Hamerlinck Kapucian Reynolds Behn Hartsuch Kettering Seng Boettger Hogg McCoy Seymour Dandekar Horn McKinley Ward Feenstra Houser Noble Wieck Hahn Johnson Olive Zaun

Nays, 25:

Appel Dotzler Kibbie Sodders Beall Dvorsky Kreiman Stewart Black Fraise Quirmbach Warnstadt Bolkcom Gronstal Ragan Wilhelm Courtney Hatch Rielly Danielson Heckroth Schmitz Dearden Jochum Schoenjahn

Absent, 1:

Hancock

Amendment S–3339 lost.

With the failure of amendment S–3339 to amendment S–3328, the Chair ruled amendment S–3349, filed by Senator Ward from the floor to pages 26, 34, and 35 of amendment S–3328, out of order.

103rd Day FRIDAY, APRIL 24, 2009 1231

Senator Dvorsky offered amendment S–3348, filed by him from the floor to page 11 of amendment S–3328, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S–3348 to amendment S–3328 be adopted?” (S.F. 478), the vote was:

Yeas, 31:

Nays, 18:

Bartz Hamerlinck Kettering Ward Behn Hartsuch McKinley Wieck Boettger Houser Noble Zaun Feenstra Johnson Reynolds Hahn Kapucian Seymour

Absent, 1:

Hancock

Amendment S–3348 was adopted.

Senator Zaun offered amendment S–3336, filed by Senator Zaun, et al., from the floor to page 31 of amendment S–3328, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S–3336 to amendment S–3328 be adopted?” (S.F. 478), the vote was:

Yeas, 18:

Bartz Hamerlinck Kettering Seymour Behn Hartsuch Kreiman Wieck Boettger Houser McKinley Zaun Feenstra Johnson Noble Hahn Kapucian Reynolds 1232 JOURNAL OF THE SENATE 103rd Day

Nays, 31:

Appel Dotzler Jochum Schoenjahn Beall Dvorsky Kibbie Seng Black Fraise McCoy Sodders Bolkcom Gronstal Olive Stewart Courtney Hatch Quirmbach Ward Dandekar Heckroth Ragan Warnstadt Danielson Hogg Rielly Wilhelm Dearden Horn Schmitz

Absent, 1:

Hancock

Amendment S–3336 lost.

Senator Zaun offered amendment S–3337, filed by Senator Zaun, et al., from the floor to page 31 of amendment S–3328, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S–3337 to amendment S–3328 be adopted?” (S.F. 478), the vote was:

Yeas, 23:

Bartz Hahn Kettering Seng Behn Hamerlinck Kreiman Seymour Black Hartsuch McKinley Ward Boettger Houser Noble Wieck Dotzler Johnson Olive Zaun Feenstra Kapucian Reynolds

Nays, 26:

Appel Dvorsky Jochum Schoenjahn Beall Fraise Kibbie Sodders Bolkcom Gronstal McCoy Stewart Courtney Hatch Quirmbach Warnstadt Dandekar Heckroth Ragan Wilhelm Danielson Hogg Rielly Dearden Horn Schmitz

Absent, 1:

Hancock

Amendment S–3337 lost. 103rd Day FRIDAY, APRIL 24, 2009 1233

Senator Feenstra offered amendment S–3347, filed by Senators Feenstra and Wieck from the floor to page 31 of amendment S–3328, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S–3347 to amendment S–3328 be adopted?” (S.F. 478), the vote was:

Yeas, 20:

Bartz Hamerlinck Kettering Seng Behn Hartsuch Kibbie Seymour Boettger Houser McKinley Ward Feenstra Johnson Noble Wieck Hahn Kapucian Reynolds Zaun

Nays, 29:

Appel Dotzler Jochum Schoenjahn Beall Dvorsky Kreiman Sodders Black Fraise McCoy Stewart Bolkcom Gronstal Olive Warnstadt Courtney Hatch Quirmbach Wilhelm Dandekar Heckroth Ragan Danielson Hogg Rielly Dearden Horn Schmitz

Absent, 1:

Hancock

Amendment S–3347 lost.

Senator Johnson offered amendment S–3340, filed by him from the floor to pages 34 and 42 of amendment S–3328, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S–3340 to amendment S–3328 be adopted?” (S.F. 478), the vote was:

Yeas, 19:

Bartz Hamerlinck Kettering Seymour Behn Hartsuch Kreiman Ward Boettger Houser McKinley Wieck 1234 JOURNAL OF THE SENATE 103rd Day

Feenstra Johnson Noble Zaun Hahn Kapucian Reynolds

Nays, 30:

Absent, 1:

Hancock

Amendment S–3340 lost.

Senator Dearden offered amendment S–3343, filed by him from the floor to page 39 of amendment S–3328, and moved its adoption.

Amendment S–3343 was adopted by a voice vote.

Senator Feenstra offered amendment S–3342, filed by him from the floor to page 44 of amendment S–3328, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S–3342 to amendment S–3328 be adopted?” (S.F. 478), the vote was:

Yeas, 21:

Bartz Hamerlinck Kettering Ward Behn Hartsuch McKinley Wieck Black Horn Noble Zaun Boettger Houser Reynolds Feenstra Johnson Seng Hahn Kapucian Seymour

Nays, 28:

Appel Dotzler Jochum Rielly Beall Dvorsky Kibbie Schmitz Bolkcom Fraise Kreiman Schoenjahn Courtney Gronstal McCoy Sodders 103rd Day FRIDAY, APRIL 24, 2009 1235

Dandekar Hatch Olive Stewart Danielson Heckroth Quirmbach Warnstadt Dearden Hogg Ragan Wilhelm

Absent, 1:

Hancock

Amendment S–3342 lost.

Senator Hatch offered amendment S–3345, filed by him from the floor to page 54 of amendment S–3328, and moved its adoption.

A nonrecord roll call was requested.

The ayes were 38, nays 0, absent 1.

Amendment S–3345 was adopted.

Senator Feenstra offered amendment S–3338, filed by Senator Feenstra, et al., from the floor to page 65 of amendment S–3328, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S–3338 to amendment S–3328 be adopted?” (S.F. 478), the vote was:

Yeas, 18:

Bartz Hamerlinck Kettering Ward Behn Hartsuch McKinley Wieck Boettger Houser Noble Zaun Feenstra Johnson Reynolds Hahn Kapucian Seymour

Nays, 31:

Appel Dotzler Jochum Schmitz Beall Dvorsky Kibbie Schoenjahn Black Fraise Kreiman Seng Bolkcom Gronstal McCoy Sodders Courtney Hatch Olive Stewart

1236 JOURNAL OF THE SENATE 103rd Day

Dandekar Heckroth Quirmbach Warnstadt Danielson Hogg Ragan Wilhelm Dearden Horn Rielly

Absent, 1:

Hancock

Amendment S–3338 lost.

Senator Hamerlinck offered amendment S–3341, filed by Senators Hamerlinck and Feenstra from the floor to page 65 of amendment S–3328, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S–3341 to amendment S–3328 be adopted?” (S.F. 478), the vote was:

Yeas, 21:

Bartz Hahn Kettering Ward Behn Hamerlinck Kreiman Wieck Black Hartsuch McKinley Zaun Boettger Houser Noble Dandekar Johnson Reynolds Feenstra Kapucian Seymour

Nays, 28:

Appel Dvorsky Jochum Schmitz Beall Fraise Kibbie Schoenjahn Bolkcom Gronstal McCoy Seng Courtney Hatch Olive Sodders Danielson Heckroth Quirmbach Stewart Dearden Hogg Ragan Warnstadt Dotzler Horn Rielly Wilhelm

Absent, 1:

Hancock

Amendment S–3341 lost.

Senator Johnson offered amendment S–3344, filed by him from the floor to page 65 of amendment S–3328, and moved its adoption.

A record roll call was requested. 103rd Day FRIDAY, APRIL 24, 2009 1237

On the question “Shall amendment S–3344 to amendment S–3328 be adopted?” (S.F. 478), the vote was:

Yeas, 21:

Bartz Hahn Kettering Seymour Behn Hamerlinck Kibbie Ward Boettger Hartsuch McKinley Wieck Danielson Houser Reynolds Dearden Johnson Rielly Dotzler Kapucian Seng

Nays, 28:

Appel Feenstra Jochum Schmitz Beall Fraise Kreiman Schoenjahn Black Gronstal McCoy Sodders Bolkcom Hatch Noble Stewart Courtney Heckroth Olive Warnstadt Dandekar Hogg Quirmbach Wilhelm Dvorsky Horn Ragan Zaun

Absent, 1:

Hancock

Amendment S–3344 lost.

Senator Dotzler offered amendment S–3346, filed by Senator Dotzler, et al., from the floor to page 65 of amendment S–3328, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S–3346 to amendment S–3328 be adopted?” (S.F. 478), the vote was:

Yeas, 49:

Appel Feenstra Kapucian Schoenjahn Bartz Fraise Kettering Seng Beall Gronstal Kibbie Seymour Behn Hahn Kreiman Sodders Black Hamerlinck McCoy Stewart Boettger Hartsuch McKinley Ward Bolkcom Hatch Noble Warnstadt Courtney Heckroth Olive Wieck Dandekar Hogg Quirmbach Wilhelm Danielson Horn Ragan Zaun 1238 JOURNAL OF THE SENATE 103rd Day

Dearden Houser Reynolds Dotzler Jochum Rielly Dvorsky Johnson Schmitz

Nays, none.

Absent, 1:

Hancock

Amendment S–3346 was adopted.

Senator Kreiman offered amendment S–3353, filed by him from the floor to pages 25 and 26 of amendment S–3328, and moved its adoption.

Amendment S–3353 lost by a voice vote.

President Pro Tempore Danielson took the chair at 2:05 a.m.

Senator Hamerlinck offered amendment S–3354, filed by him from the floor to pages 27–29 of amendment S–3328, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S–3354 to amendment S–3328 be adopted?” (S.F. 478), the vote was:

Yeas, 24:

Bartz Hahn Kapucian Rielly Behn Hamerlinck Kettering Seymour Black Hartsuch McKinley Ward Boettger Horn Noble Warnstadt Dandekar Houser Olive Wieck Feenstra Johnson Reynolds Zaun

Nays, 25:

Appel Dvorsky Kibbie Seng Beall Fraise Kreiman Sodders Bolkcom Gronstal McCoy Stewart Courtney Hatch Quirmbach Wilhelm

103rd Day FRIDAY, APRIL 24, 2009 1239

Danielson Heckroth Ragan Dearden Hogg Schmitz Dotzler Jochum Schoenjahn

Absent, 1:

Hancock

Amendment S–3354 lost.

Senator Courtney offered amendment S–3358, filed by him from the floor to page 30 of amendment S–3328, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S–3358 to amendment S–3328 be adopted?” (S.F. 478), the vote was:

Yeas, 27:

Appel Dotzler Horn Schmitz Beall Dvorsky Jochum Schoenjahn Black Fraise Kibbie Sodders Bolkcom Gronstal Kreiman Stewart Courtney Hatch McCoy Warnstadt Danielson Heckroth Quirmbach Wilhelm Dearden Hogg Ragan

Nays, 22:

Bartz Hamerlinck McKinley Seymour Behn Hartsuch Noble Ward Boettger Houser Olive Wieck Dandekar Johnson Reynolds Zaun Feenstra Kapucian Rielly Hahn Kettering Seng

Absent, 1:

Hancock

Amendment S–3358 was adopted.

Senator Feenstra offered amendment S–3355, filed by him from the floor to page 44 of amendment S–3328, and moved its adoption.

A record roll call was requested.

1240 JOURNAL OF THE SENATE 103rd Day

On the question “Shall amendment S–3355 to amendment S–3328 be adopted?” (S.F. 478), the vote was:

Yeas, 22:

Bartz Houser Noble Ward Behn Johnson Quirmbach Wieck Boettger Kapucian Ragan Wilhelm Feenstra Kettering Reynolds Zaun Hahn Kreiman Seng Hartsuch McKinley Seymour

Nays, 26:

Appel Dearden Hogg Schmitz Beall Dotzler Horn Schoenjahn Black Dvorsky Jochum Sodders Bolkcom Fraise Kibbie Stewart Courtney Gronstal McCoy Warnstadt Dandekar Hatch Olive Danielson Heckroth Rielly

Present, 1:

Hamerlinck

Absent, 1:

Hancock

Amendment S–3355 lost.

Senator Quirmbach offered amendment S–3350, filed by him from the floor to page 44 of amendment S–3328, and moved its adoption.

Amendment S–3350 was adopted by a voice vote.

Senator Fraise offered amendment S–3352, filed by Senator Fraise, et al. from the floor to pages 49 and 50 of amendment S–3328, and moved its adoption.

A record roll call was requested.

103rd Day FRIDAY, APRIL 24, 2009 1241

On the question “Shall amendment S–3352 to amendment S–3328 be adopted?” (S.F. 478), the vote was:

Yeas, 18:

Bartz Feenstra Johnson Reynolds Behn Fraise Kapucian Rielly Boettger Hahn Kettering Sodders Courtney Hartsuch Kreiman Dandekar Horn McKinley

Nays, 31:

Appel Gronstal McCoy Seymour Beall Hamerlinck Noble Stewart Black Hatch Olive Ward Bolkcom Heckroth Quirmbach Warnstadt Danielson Hogg Ragan Wieck Dearden Houser Schmitz Wilhelm Dotzler Jochum Schoenjahn Zaun Dvorsky Kibbie Seng

Absent, 1:

Hancock

Amendment S–3352 lost.

Senator Kreiman offered amendment S–3351, filed by Senators Kreiman and Kettering from the floor to page 65 of amendment S–3328, and moved its adoption.

A nonrecord roll call was requested.

The ayes were 28, nays 18, absent 1.

Amendment S–3351 was adopted.

Senator Heckroth offered amendment S–3356, filed by Senator Heckroth, et al., from the floor to page 65 of amendment S–3328, and moved its adoption.

Amendment S–3356 was adopted by a voice vote.

Senator Zaun offered amendment S–3357, filed by him from the floor to page 65 of amendment S–3328, and moved its adoption. 1242 JOURNAL OF THE SENATE 103rd Day

A record roll call was requested.

On the question “Shall amendment S–3357 to amendment S–3328 be adopted?” (S.F. 478), the vote was:

Yeas, 18:

Bartz Hamerlinck Kettering Ward Behn Hartsuch McKinley Wieck Boettger Houser Noble Zaun Feenstra Johnson Reynolds Hahn Kapucian Seymour

Nays, 31:

Absent, 1:

Hancock

Amendment S–3357 lost.

Senator Dvorsky moved the adoption of amendment S–3328, as amended.

A record roll call was requested.

On the question “Shall amendment S–3328, as amended, be adopted?” (S.F. 478), the vote was:

Yeas, 31:

103rd Day FRIDAY, APRIL 24, 2009 1243

Nays, 18:

Bartz Hamerlinck Kettering Ward Behn Hartsuch McKinley Wieck Boettger Houser Noble Zaun Feenstra Johnson Reynolds Hahn Kapucian Seymour

Absent, 1:

Hancock

Amendment S–3328, as amended, was adopted.

Senator Dvorsky 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. 478), the vote was:

Yeas, 30:

Appel Dvorsky Kibbie Schoenjahn Beall Fraise Kreiman Seng Black Gronstal McCoy Sodders Bolkcom Hatch Olive Stewart Courtney Heckroth Quirmbach Warnstadt Danielson Hogg Ragan Wilhelm Dearden Horn Rielly Dotzler Jochum Schmitz

Nays, 19:

Bartz Hahn Kapucian Seymour Behn Hamerlinck Kettering Ward Boettger Hartsuch McKinley Wieck Dandekar Houser Noble Zaun Feenstra Johnson Reynolds

Absent, 1:

Hancock

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

1244 JOURNAL OF THE SENATE 103rd Day

IMMEDIATELY MESSAGED

Senator Gronstal asked and received unanimous consent that Senate File 478 be immediately messaged to the House.

ADJOURNMENT

On motion of Senator Gronstal, the Senate adjourned at 2:56 a.m. until 10:00 a.m., Saturday, April 25, 2009.

APPENDIX

CERTIFICATE OF RECOGNITION

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

John Glenn Elementary School, Donahue—For being named a Blue Ribbon School, an award given for academic excellence. Senator Hamerlinck (4/24/09).

BILLS SIGNED BY THE GOVERNOR

A communication was received announcing that on April 24, 2009, the Governor approved and transmitted to the Secretary of State the following bills:

Senate File 114 – Relating to the number of historic preservation grants that may be awarded in a county and providing an effective date.

Senate File 142 – Relating to economic development by providing for an innovation and commercialization development fund, making the department of revenue responsible for approving certain tax credits for third-party developers, making appropriations, and providing an effective date.

Senate File 187 – Providing for the issuance of special deer hunting licenses to residents who are nonambulatory.

Senate File 203 – Relating to the identification of the eligibility of tenants of an assisted living program for benefits through the United States department of veterans affairs.

Senate File 318 – Pertaining to the duties and regulations under the purview of the labor commissioner.

Senate File 334 – Relating to the legislative committees charged with providing government oversight. 103rd Day FRIDAY, APRIL 24, 2009 1245

Senate File 336 – Providing for waivers of certain community attraction and tourism program requirements and including an effective date provision.

Senate File 380 – Relating to the practices and procedures of the department of public safety including school inspections, gaming floor or wagering area restrictions, interception of communications, and peace officers acting with federal agents, and providing penalties.

AMENDMENTS FILED

S–3322 S.F. 304 House S–3323 S.F. 432 House S–3324 S.F. 477 Matt McCoy S–3325 S.F. 468 Steven J. Sodders S–3326 S.F. 474 House S–3327 S.F. 483 House S–3328 S.F. 478 Robert E. Dvorsky S–3329 S.F. 478 Michael E. Gronstal S–3330 S.F. 478 Merlin Bartz S–3331 S.F. 478 Dick L. Dearden S–3332 S.F. 478 Robert M. Hogg S–3333 S.F. 478 David Hartsuch Paul McKinley Jerry Behn Ron Wieck Merlin Bartz S–3334 S.F. 478 Keith A. Kreiman S–3335 S.F. 478 David Johnson S–3336 S.F. 478 Brad Zaun Steve Kettering Paul McKinley Shawn Hamerlinck James F. Hahn S–3337 S.F. 478 Brad Zaun Steve Kettering Paul McKinley James F. Hahn Shawn Hamerlinck S–3338 S.F. 478 Randy Feenstra Larry Noble Jerry Behn Ron Wieck Nancy J. Boettger 1246 JOURNAL OF THE SENATE 103rd Day

Kim Reynolds James F. Hahn Hubert Houser Shawn Hamerlinck Brad Zaun Paul McKinley Merlin Bartz S–3339 S.F. 478 Swati A. Dandekar Wally E. Horn S–3340 S.F. 478 David Johnson S–3341 S.F. 478 Shawn Hamerlinck Randy Feenstra S–3342 S.F. 478 Randy Feenstra S–3343 S.F. 478 Dick L. Dearden S–3344 S.F. 478 David Johnson S–3345 S.F. 478 Jack Hatch S–3346 S.F. 478 William A. Dotzler, Jr. Roger Stewart Joe Bolkcom Tom Rielly Steve Kettering James F. Hahn Daryl Beall S–3347 S.F. 478 Randy Feenstra Ron Wieck S–3348 S.F. 478 Robert E. Dvorsky S–3349 S.F. 478 Pat Ward S–3350 S.F. 478 Herman C. Quirmbach S–3351 S.F. 478 Keith A. Kreiman Steve Kettering S–3352 S.F. 478 Gene Fraise Dennis H. Black Thomas G. Courtney Swati A. Dandekar Tim L. Kapucian Kim Reynolds Tom Rielly Steven J. Sodders Ron Wieck S–3353 S.F. 478 Keith A. Kreiman S–3354 S.F. 478 Shawn Hamerlinck 103rd Day FRIDAY, APRIL 24, 2009 1247

S–3355 S.F. 478 Randy Feenstra S–3356 S.F. 478 Bill Heckroth Joe Bolkcom William A. Dotzler, Jr. Pat Ward Steve Kettering James F. Hahn Joe M. Seng Jack Hatch Michael E. Gronstal Gene Fraise Thomas G. Courtney Ron Wieck S–3357 S.F. 478 Brad Zaun S–3358 S.F. 478 Thomas G. Courtney