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PROOF _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ STATE OF IOWA Senate Journal MONDAY, APRIL 23, 2007 __________ 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.) _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ 1354 JOURNAL OF THE SENATE 106th Day JOURNAL OF THE SENATE __________ ONE HUNDRED SIXTH CALENDAR DAY SIXTY-SECOND SESSION DAY Senate Chamber Des Moines, Iowa, Monday, April 23, 2007 The Senate met in regular session at 10:04 a.m., President Kibbie presiding. Prayer was offered by Father Henry Huber of the St. James Catholic Church in Forest City, Iowa. He was the guest of Senator Kibbie. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Senate Page Robb Riggle. The Journal of Friday, April 20, 2007, was approved. 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 20, 2007, amended and passed the following bill in which the concurrence of the House was asked: Senate File 530, a bill for an act relating to prohibited business practices by a real estate broker or salesperson. (S–3401) ALSO: That the House has on April 20, 2007, passed the following bills in which the concurrence of the Senate is asked: House File 907, a bill for an act relating to and making appropriations from the healthy Iowans tobacco trust and the tobacco settlement trust fund and providing an effective date. Read first time and referred to committee on Appropriations. 106th Day MONDAY, APRIL 23, 2007 1355 House File 909, a bill for an act relating to and making appropriations for health and human services and including other related provisions and appropriations, and including effective date provisions. Read first time and referred to committee on Appropriations. House File 912, a bill for an act relating to providing sales, use, and property tax exemptions for a certain web search portal business. Read first time and referred to committee on Ways and Means. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Gaskill, until he arrives, on request of Senator Putney. CONSIDERATION OF RESOLUTIONS (Regular Calendar) Senator Gronstal asked and received unanimous consent to take up for consideration Senate Resolutions 30 and 17. Senate Resolution 30 On motion of Senator Dvorsky, Senate Resolution 30, a resolution honoring Willard L. Boyd, President Emeritus of the University of Iowa, on the occasion of his 80th birthday, with report of committee recommending passage, was taken up for consideration. Senator Dvorsky moved the adoption of Senate Resolution 30, which motion prevailed by a voice vote. Senate Resolution 17 On motion of Senator Appel, Senate Resolution 17, a resolution honoring the memory of John Wayne on the 100th anniversary of his birth, with report of committee recommending passage, was taken up for consideration. Senator Appel moved the adoption of Senate Resolution 17, which motion prevailed by a voice vote. 1356 JOURNAL OF THE SENATE 106th Day CONSIDERATION OF BILL (Appropriations Calendar) Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 600. Senate File 600 On motion of Senator Wood, Senate File 600, a bill for an act relating to water quality improvements and watershed improvements and related funding, was taken up for consideration. Senator Black asked and received unanimous consent that action on Senate File 600 be deferred. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 587. Senate File 587 On motion of Senator Connolly, Senate File 587, a bill for an act providing for individual and corporate income tax credits for the charitable conveyance of real property for conservation purposes and including a retroactive applicability date provision, was taken up for consideration. Senator Connolly 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. 587), the vote was: Yeas, 49: Angelo Fraise Kreiman Schoenjahn Appel Gronstal Lundby Seng Beall Hahn McCoy Seymour Behn Hancock McKibben Stewart Black Hartsuch McKinley Ward Boettger Hatch Mulder Warnstadt 106th Day MONDAY, APRIL 23, 2007 1357 Bolkcom Heckroth Noble Wieck Connolly Hogg Olive Wood Courtney Horn Putney Zaun Danielson Houser Quirmbach Zieman Dearden Johnson Ragan Dotzler Kettering Rielly Dvorsky Kibbie Schmitz Nays, none. Absent, 1: Gaskill 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 587 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 485 Senator Bolkcom called up for consideration Senate File 485, a bill for an act requiring consideration of greenhouse gas emissions in issuing specified air quality permits, amended by the House in House amendment S–3388, filed April 19, 2007. Senator Bolkcom 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 Bolkcom 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. 1358 JOURNAL OF THE SENATE 106th Day On the question “Shall the bill pass?” (S.F. 485), the vote was: Yeas, 30: Appel Dotzler Horn Schmitz Beall Dvorsky Kibbie Schoenjahn Black Fraise Kreiman Seng Bolkcom Gronstal McCoy Stewart Connolly Hancock Olive Warnstadt Courtney Hatch Quirmbach Wood Danielson Heckroth Ragan Dearden Hogg Rielly Nays, 19: Angelo Houser McKinley Ward Behn Johnson Mulder Wieck Boettger Kettering Noble Zaun Hahn Lundby Putney Zieman Hartsuch McKibben Seymour Absent, 1: Gaskill 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 485 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 530 Senator Stewart called up for consideration Senate File 530, a bill for an act relating to prohibited business practices by a real estate broker or salesperson, amended by the House in House amendment S–3401, filed April 23, 2007. Senator Lundby asked and received unanimous consent that action on amendment S–3401 and Senate File 530 be deferred. 106th Day MONDAY, APRIL 23, 2007 1359 SPECIAL GUESTS Senators Beall and Boettger introduced to the Senate chamber Mr. Jingzhong Xu, Consul General of the People’s Republic of China Consulate in Chicago, and his wife, Mrs. Liqin Wang. Accompanying them were Consul Liang Zhang and Consul Haixia Yu. Mr. Xu addressed the Senate with brief remarks. The Senate rose and expressed its welcome. BUSINESS PENDING Senate File 600 The Senate resumed consideration of Senate File 600, a bill for an act relating to water quality improvements and watershed improvements and related funding, previously deferred. Senator Black offered amendment S–3406, filed by him from the floor to page 1 of the bill, and moved its adoption. Amendment S–3406 was adopted by a voice vote. Senator Wood 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. 600), the vote was: Yeas, 49: Angelo Fraise Kreiman Schoenjahn Appel Gronstal Lundby Seng Beall Hahn McCoy Seymour Behn Hancock McKibben Stewart Black Hartsuch McKinley Ward Boettger Hatch Mulder Warnstadt Bolkcom Heckroth Noble Wieck Connolly Hogg Olive Wood Courtney Horn Putney Zaun Danielson Houser Quirmbach Zieman Dearden Johnson Ragan Dotzler Kettering Rielly Dvorsky Kibbie Schmitz Nays, none. 1360 JOURNAL OF THE SENATE 106th Day Absent, 1: Gaskill 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 600 be immediately messaged to the House. RECESS On motion of Senator Gronstal, the Senate recessed at 10:45 a.m. until 1:30 p.m. 106th Day MONDAY, APRIL 23, 2007 1361 APPENDIX—1 CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Elizabeth Ahrendsen, Clarion—For being named a State of Iowa Scholar. Senator Olive (4/23/07). Lynnea Erickson, Slater—For being named a State of Iowa Scholar. Senator Olive (4/23/07). Ryan Gildner, Belmond—For being named a State of Iowa Scholar. Senator Olive (4/23/07). Jennifer Janssen, Clairon—For being named a State of Iowa Scholar. Senator Olive (4/23/07). Allen Jensen, Huxley—For being named a State of Iowa Scholar. Senator Olive (4/23/07). Andrew Landgraf, Kanawha—For being named a State of Iowa Scholar. Senator Olive (4/23/07). Darin Larson, Vincent—For being named a State of Iowa Scholar. Senator Olive (4/23/07). Kurt Lockhart, Ames—For being named a State of Iowa Scholar. Senator Olive (4/23/07). Molli O’Brien, Clarion—For being named a State of Iowa Scholar. Senator Olive (4/23/07). Benjamin Potter, Kelley—For being named a State of Iowa Scholar. Senator Olive (4/23/07). Ethan Sebert, Belmond—For being named a State of Iowa Scholar. Senator Olive (4/23/07). Rebecca Snider, Huxley—For being named a State of Iowa Scholar.