Senate Journal

PROOF

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STATE OF IOWA

Senate Journal

MONDAY, APRIL 22, 2019

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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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99th Day MONDAY, APRIL 22, 2019 1027

JOURNAL OF THE SENATE

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NINETY-NINTH CALENDAR DAY FIFTY-EIGHTH SESSION DAY

Senate Chamber Des Moines, Iowa, Monday, April 22, 2019

The Senate met in regular session at 12:10 p.m., President Schneider presiding.

Prayer was offered by Pastor Kent Hillesland of the Community Chapel in Lakota, Iowa. He was the guest of Senator Guth.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Senate Page Jackson Birdwell.

The Journal of Friday, April 19, 2019, was approved.

The Senate stood at ease at 12:17 p.m. until the fall of the gavel for the purpose of party caucuses.

The Senate resumed session at 1:13 p.m., President Schneider presiding.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Segebart, until he arrives, on request of Senator Sinclair.

1028 JOURNAL OF THE SENATE 99th Day

HOUSE AMENDMENTS CONSIDERED

Senate File 267

Senator Whitver called up for consideration Senate File 267, a bill for an act relating to the practice of massage therapy, and providing penalties, amended by the House in House amendment S–3162, filed April 16, 2019.

Senator Zaun 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 Zaun 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 voice vote, and the bill was read the last time.

On the question “Shall the bill pass?” (S.F. 267), the vote was:

Yeas, 49:

Behn Bisignano Bolkcom Boulton Breitbach Brown Carlin Celsi Chapman Costello Cournoyer Dawson Dotzler Edler Feenstra Garrett Giddens Greene Guth Hogg Jochum Johnson Kapucian Kinney Koelker Kraayenbrink Lofgren Lykam Mathis Miller-Meeks Nunn Petersen Quirmbach Ragan Rozenboom Schneider Schultz Shipley Sinclair Smith, J. Smith, R. Sweeney Taylor, R. Taylor, T. Wahls Whiting Whitver Zaun Zumbach

Nays, none.

Absent, 1:

Segebart

The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. 99th Day MONDAY, APRIL 22, 2019 1029

Senate File 394

Senator Whitver called up for consideration Senate File 394, a bill for an act relating to requirements school districts and accredited nonpublic schools must meet to provide distance learning classes that meet the requirements of Iowa’s education program, amended by the House in House amendment S–3187, filed April 19, 2019.

Senator Edler 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 Edler 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 voice vote, and the bill was read the last time.

On the question “Shall the bill pass?” (S.F. 394), the vote was:

Yeas, 49:

Nays, none.

Absent, 1:

Segebart

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

1030 JOURNAL OF THE SENATE 99th Day

CONSIDERATION OF BILLS (Unfinished Business Calendar)

Senator Whitver asked and received unanimous consent to take up for consideration Senate Files 186 and 541.

Senate File 186

On motion of Senator Breitbach, Senate File 186, a bill for an act to increase the maximum capacity of certain motor vehicles operated by school district employees to transport children to activity events or from school to home in unusual situations, placed on the Unfinished Business Calendar on April 4, 2019, was taken up for consideration.

Senator Breitbach offered amendment S–3192, 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–3192 was adopted by a voice vote.

Senator Breitbach asked and received unanimous consent that House File 499 be substituted for Senate File 186.

House File 499

On motion of Senator Breitbach, House File 499, a bill for an act to increase the maximum capacity of certain motor vehicles operated by school district employees to transport children to activity events or from school to home in unusual situations, placed on the Unfinished Business Calendar on April 4, 2019, was taken up for consideration.

Senator Breitbach offered amendment S–3193, 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–3193 was adopted by a voice vote.

Senator Breitbach 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.

99th Day MONDAY, APRIL 22, 2019 1031

On the question “Shall the bill pass?” (H.F. 499), the vote was:

Yeas, 49:

Nays, none.

Absent, 1:

Segebart

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

WITHDRAWN

Senator Breitbach asked and received unanimous consent that Senate File 186 be withdrawn from further consideration of the Senate.

Senate File 541

On motion of Senator Edler, Senate File 541, a bill for an act relating to the integration of Medicaid and healthy and well kids in Iowa program eligibility, payment, and administrative functions under the department of human services, placed on the Unfinished Business Calendar on April 4, 2019, was taken up for consideration.

Senator Edler asked and received unanimous consent that House File 625 be substituted for Senate File 541.

1032 JOURNAL OF THE SENATE 99th Day

House File 625

On motion of Senator Edler, House File 625, a bill for an act relating to the integration of Medicaid and healthy and well kids in Iowa program eligibility, payment, and administrative functions under the department of human services, placed on the Unfinished Business Calendar on April 4, 2019, was taken up for consideration.

Senator Edler 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. 625), the vote was:

Yeas, 49:

Nays, none.

Absent, 1:

Segebart

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

WITHDRAWN

Senator Edler asked and received unanimous consent that Senate File 541 be withdrawn from further consideration of the Senate.

99th Day MONDAY, APRIL 22, 2019 1033

IMMEDIATELY MESSAGED

Senator Whitver asked and received unanimous consent that Senate Files 267 and 394 and House Files 499 and 625 be immediately messaged to the House.

CONSIDERATION OF BILL (Appropriations Calendar)

Senator Whitver asked and received unanimous consent to take up for consideration House File 756.

House File 756

On motion of Senator Lofgren, House File 756, a bill for an act appropriating federal funds made available from federal block grants and other nonstate sources, allocating portions of federal block grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated, with report of committee recommending passage, was taken up for consideration.

Senator Lofgren offered amendment S–3191, filed by him from the floor to page 3 of the bill, and moved its adoption.

Amendment S–3191 was adopted by a voice vote.

Senator Lofgren 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. 756), the vote was:

Yeas, 49:

Schultz Shipley Sinclair Smith, J. Smith, R. Sweeney Taylor, R. Taylor, T. Wahls Whiting Whitver Zaun Zumbach

Nays, none.

Absent, 1:

Segebart

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

CONSIDERATION OF BILL (Ways and Means Calendar)

Senator Whitver asked and received unanimous consent to take up for consideration Senate File 605.

Senate File 605

On motion of Senator Edler, Senate File 605, a bill for an act relating to the application fee and annual fee imposed for nonassistance child support cases, was taken up for consideration.

Senator Edler 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. 605), the vote was:

Yeas, 49:

Nays, none.

Absent, 1:

Segebart

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

IMMEDIATELY MESSAGED

Senator Whitver asked and received unanimous consent that Senate File 605 and House File 756 be immediately messaged to the House.

CONSIDERATION OF BILL (Ways and Means Calendar)

Senator Whitver asked and received unanimous consent to take up for consideration Senate File 619.

Senate File 619

On motion of Senator Nunn, Senate File 619, a bill for an act modifying provisions applicable to certain service contract providers regulated by the commissioner of insurance, providing fees, making penalties applicable, making an appropriation, and including effective date provisions, was taken up for consideration.

Senator Nunn withdrew amendment S–3165, filed by him on April 16, 2019, striking and replacing everything after the enacting clause of the bill.

Senator Nunn offered amendment S–3194, filed by him from the floor, striking and replacing everything after the enacting clause of the bill.

Amendment S–3194 was adopted by a voice vote.

Senator Nunn 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.

1036 JOURNAL OF THE SENATE 99th Day

On the question “Shall the bill pass?” (S.F. 619), the vote was:

Yeas, 49:

Nays, none.

Absent, 1:

Segebart

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

IMMEDIATELY MESSAGED

Senator Whitver asked and received unanimous consent that Senate File 619 be immediately messaged to the House.

The Senate stood at ease at 1:50 p.m. until the fall of the gavel.

The Senate resumed session at 4:28 p.m., President Schneider presiding.

HOUSE AMENDMENT CONSIDERED

Senate File 188

Senator Whitver called up for consideration Senate File 188, a bill for an act prohibiting a governing board of a public college or university from adopting or enforcing any policy or rule that prohibits a person from carrying, transporting, or possessing a dangerous weapon producing a nonprojectile high-voltage pulse designed to immobilize a person in the buildings or on the grounds of such a college or university, amended by the House in House amendment S–3170, filed April 17, 2019. 99th Day MONDAY, APRIL 22, 2019 1037

Senator Sinclair offered amendment S–3196, filed by her from the floor to page 1 of House amendment S–3170, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S–3196 to House amendment S–3170 be adopted?” (S.F. 188), the vote was:

Yeas, 49:

Nays, none.

Absent, 1:

Segebart

Amendment S–3196 to House amendment S–3170 was adopted.

Senator Sinclair moved that the Senate concur in the House amendment, as amended.

A record roll call was requested.

On the question “Shall the motion to concur be adopted?” (S.F. 188), the vote was:

Yeas, 49:

Koelker Kraayenbrink Lofgren Lykam Mathis Miller-Meeks Nunn Petersen Quirmbach Ragan Rozenboom Schneider Schultz Shipley Sinclair Smith, J. Smith, R. Sweeney Taylor, R. Taylor, T. Wahls Whiting Whitver Zaun Zumbach

Nays, none.

Absent, 1:

Segebart

The motion prevailed and the Senate concurred in the House amendment, as amended.

Senator Sinclair moved that the bill, as amended by the House, further amended and concurred in by the Senate, be read the last time now and placed upon its passage, which motion prevailed by voice vote, and the bill was read the last time.

On the question “Shall the bill pass?” (S.F. 188), the vote was:

Yeas, 38:

Behn Bisignano Boulton Breitbach Brown Carlin Chapman Costello Cournoyer Dawson Dotzler Edler Feenstra Garrett Greene Guth Johnson Kapucian Kinney Koelker Kraayenbrink Lofgren Lykam Miller-Meeks Nunn Rozenboom Schneider Schultz Shipley Sinclair Smith, R. Sweeney Taylor, R. Taylor, T. Whiting Whitver Zaun Zumbach

Nays, 11:

Bolkcom Celsi Giddens Hogg Jochum Mathis Petersen Quirmbach Ragan Smith, J. Wahls

99th Day MONDAY, APRIL 22, 2019 1039

Absent, 1:

Segebart

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

IMMEDIATELY MESSAGED

Senator Whitver asked and received unanimous consent that Senate File 188 be immediately messaged to the House.

CONSIDERATION OF BILL (Appropriations Calendar)

Senator Whitver asked and received unanimous consent to take up for consideration House File 765.

House File 765

On motion of Senator Johnson, House File 765, a bill for an act relating to and making appropriations to state departments and agencies from the rebuild Iowa infrastructure fund and the technology reinvestment fund, providing for related matters, and including effective date provisions, with report of committee recommending amendment and passage, was taken up for consideration.

Senator Johnson deferred amendment S–3174, filed by the committee on Appropriations on April 17, 2019, striking and replacing everything after the enacting clause of the bill.

Senator Johnson offered amendment S–3195, filed by him from the floor, striking and replacing everything after the enacting clause and amending the title page of the bill.

Senator Johnson offered amendment S–3197, filed by him from the floor to pages 12 and 15 of amendment S–3195, and moved its adoption.

Amendment S–3197 to amendment S–3195 was adopted by a voice vote. 1040 JOURNAL OF THE SENATE 99th Day

Senator Johnson moved the adoption of amendment S–3195, as amended.

Amendment S–3195, as amended, was adopted by a voice vote.

With the adoption of amendment S–3195, the Chair ruled amendment S–3174, previously deferred, out of order.

Senator Johnson 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. 765), the vote was:

Yeas, 36:

Behn Boulton Breitbach Brown Carlin Celsi Chapman Costello Cournoyer Dawson Edler Feenstra Garrett Greene Guth Johnson Kapucian Koelker Kraayenbrink Lofgren Lykam Mathis Miller-Meeks Nunn Ragan Rozenboom Schneider Schultz Shipley Sinclair Smith, R. Sweeney Whiting Whitver Zaun Zumbach

Nays, 13:

Bisignano Bolkcom Dotzler Giddens Hogg Jochum Kinney Petersen Quirmbach Smith, J. Taylor, R. Taylor, T. Wahls

Absent, 1:

Segebart

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 Whitver asked and received unanimous consent that House File 765 be immediately messaged to the House.

99th Day MONDAY, APRIL 22, 2019 1041

HOUSE AMENDMENT CONSIDERED

Senate File 609

Senator Whitver called up for consideration Senate File 609, a bill for an act relating to and making appropriations and related statutory changes involving state government entities involved with agriculture, natural resources, and environmental protection, amended by the House in House amendment S–3171, filed April 17, 2019.

Senator Shipley offered amendment S–3199, filed by him from the floor to pages 1–24 of House amendment S–3171, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S–3199 to House amendment S–3171 be adopted?” (S.F. 609), the vote was:

Yeas, 49:

Nays, none.

Absent, 1:

Segebart

Amendment S–3199 to House amendment S–3171 was adopted.

Senator Shipley moved that the Senate concur in the House amendment, as amended. 1042 JOURNAL OF THE SENATE 99th Day

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

Senator Shipley moved that the bill, as amended by the House, further amended and concurred in by the Senate, be read the last time now and placed upon its passage, which motion prevailed by voice vote, and the bill was read the last time.

On the question “Shall the bill pass?” (S.F. 609), the vote was:

Yeas, 33:

Behn Breitbach Brown Carlin Chapman Costello Cournoyer Dawson Edler Feenstra Garrett Greene Guth Johnson Kapucian Kinney Koelker Kraayenbrink Lofgren Miller-Meeks Nunn Quirmbach Rozenboom Schneider Schultz Shipley Sinclair Smith, R. Sweeney Whiting Whitver Zaun Zumbach

Nays, 16:

Bisignano Bolkcom Boulton Celsi Dotzler Giddens Hogg Jochum Lykam Mathis Petersen Ragan Smith, J. Taylor, R. Taylor, T. Wahls

Absent, 1:

Segebart

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 Whitver asked and received unanimous consent that Senate File 609 be immediately messaged to the House.

ADJOURNMENT

On motion of Senator Whitver, the Senate adjourned at 5:21 p.m. until 9:00 a.m., Tuesday, April 23, 2019.

99th Day MONDAY, APRIL 22, 2019 1043

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:

DEPARTMENT OF HUMAN SERVICES

Medicaid Managed Care Oversight Quarterly Report, pursuant to 2016 Iowa Acts, Chapter 1139, section 93. Report received on April 22, 2019.

CERTIFICATES OF RECOGNITION

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

Ryan Adam of the Dowling Catholic High School Football Team—For winning the 2018 Class 4A State Football Championship. Senator Zaun.

Jesse Alger of the Dowling Catholic High School Football Team—For winning the 2018 Class 4A State Football Championship. Senator Zaun.

Max Beh of the Dowling Catholic High School Football Team—For winning the 2018 Class 4A State Football Championship. Senator Zaun.

Charles Fuller—For serving in Vietnam as a Platoon Sargent. Senator T. Taylor.

Jack Keough of the Dowling Catholic High School Football Team—For winning the 2018 Class 4A State Football Championship. Senator Zaun.

Coach Tom Wilson of the Dowling Catholic High School Football Team—For winning the 2018 Class 4A State Football Championship. Senator Zaun.

REPORTS OF COMMITTEE MEETINGS

APPROPRIATIONS

Convened: Monday, April 22, 2019, 5:25 p.m.

Members Present: Breitbach, Chair; Kraayenbrink, Vice Chair; Bolkcom, Ranking Member; Celsi, Costello, Dotzler, Garrett, Greene, Guth, Johnson, Koelker, Lofgren, Lykam, Mathis, Miller-Meeks, Ragan, Rozenboom, Schneider, Shipley, T. Taylor, and Wahls.

Members Absent: None.

Committee Business: HF 766.

Adjourned: 6:05 p.m. 1044 JOURNAL OF THE SENATE 99th Day

APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN SERVICES

Convened: Monday, April 22, 2019, 10:00 a.m.

Members Present: Costello, Chair; Edler, Vice Chair; Ragan, Ranking Member; Bolkcom, and Miller-Meeks.

Members Absent: None.

Committee Business: Organizational meeting.

Adjourned: 10:15 a.m.

INTRODUCTION OF RESOLUTION

Senate Resolution 27, by Mathis, Hogg, Kinney, Kapucian, Zumbach, Johnson, Bolkcom, Wahls, and T. Taylor, a resolution for recognizing and congratulating the Kirkwood Community College basketball team on winning the 2019 National Junior College Athletic Association Division II national basketball tournament.

Read first time under Rule 28 and referred to committee on Rules and Administration.

SUBCOMMITTEE ASSIGNMENTS

House File 609

EDUCATION: Sinclair, Chair; Kraayenbrink and Quirmbach

House File 753

WAYS AND MEANS: Dawson, Chair; Dotzler and Schultz

House File 767

WAYS AND MEANS: R. Smith, Chair; Brown and Wahls

FINAL COMMITTEE REPORT OF BILL ACTION

APPROPRIATIONS

Bill Title: HOUSE FILE 766, a bill for an act relating to appropriations for health and human services and veterans and including other related provisions and appropriations, providing penalties, and including effective date and retroactive and other applicability date provisions.

Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S–3201.

99th Day MONDAY, APRIL 22, 2019 1045

Final Vote: Yeas, 13: Breitbach, Kraayenbrink, Costello, Garrett, Greene, Guth, Johnson, Koelker, Lofgren, Miller-Meeks, Rozenboom, Schneider, and Shipley. Nays, 8: Bolkcom, Celsi, Dotzler, Lykam, Mathis, Ragan, T. Taylor, and Wahls. Absent, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

BILLS ENROLLED, SIGNED, AND SENT TO GOVERNOR

The Secretary of the Senate submitted the following report:

MR. PRESIDENT: The Secretary of the Senate respectfully reports that the following bills have been enrolled, signed by the President of the Senate and the Speaker of the House, and presented to the Governor for her approval on this 22nd day of April, 2019.

Senate Files 112, 402, 403, 506, and 507.

W. CHARLES SMITHSON Secretary of the Senate

AMENDMENTS FILED

S–3191 H.F. 756 Mark Lofgren S–3192 S.F. 186 Michael Breitbach S–3193 H.F. 499 Michael Breitbach S–3194 S.F. 619 Zach Nunn S–3195 H.F. 765 Craig Johnson S–3196 S.F. 188 Amy Sinclair S–3197 H.F. 765 Craig Johnson S–3198 S.F. 621 Annette Sweeney S–3199 S.F. 609 Tom Shipley S–3200 H.F. 758 Tim Kraayenbrink S–3201 H.F. 766 Appropriations