PROOF _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ STATE OF IOWA Senate Journal TUESDAY, MARCH 9, 2010 __________ 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.) _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ 58th Day TUESDAY, MARCH 9, 2010 723 JOURNAL OF THE SENATE __________ FIFTY-EIGHTH CALENDAR DAY THIRTY-FOURTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, March 9, 2010 The Senate met in regular session at 8:45 a.m., President Kibbie presiding. Prayer was offered by Pastor George Volkert of St. Paul’s and St. John’s Lutheran Churches in Sumner, Iowa. He was the guest of Senators Hahn and Heckroth. The Journal of Monday, March 8, 2010, was approved. INTRODUCTION OF GOVERNOR’S APPOINTEES The Secretary of the Senate introduced Richard Oshlo, Jr., the governor’s appointee to be the Director of the Department of Management. He was the guest of Senator Danielson and the committee on State Government. The Secretary of the Senate introduced Stephen Larson, the governor’s appointee to be the Administrator of the Alcoholic Beverages Division. He was the guest of Senators Jochum and Seymour and the committee on State Government. 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 March 8, 2010, amended the Senate amendment, concurred in the Senate amendment as amended, and passed the following bill in which the concurrence of the Senate is asked: 724 JOURNAL OF THE SENATE 58th Day House File 2456, a bill for an act concerning the use of electronic communication devices while driving, including prohibiting a person from writing or sending a text message while driving a motor vehicle and providing penalties. (S–5200) The Senate stood at ease at 8:53 a.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 10:03 a.m., President Kibbie presiding. RECESS On motion of Senator Gronstal, the Senate recessed at 10:04 a.m. until 1:45 p.m. AFTERNOON SESSION The Senate reconvened at 1:55 p.m., President Kibbie presiding. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 2456 Senator Danielson called up for consideration House File 2456, a bill for an act concerning the use of electronic communication devices while driving, including prohibiting a person from writing or sending a text message while driving a motor vehicle and providing penalties, amended by the Senate and further amended by the House in House amendment S–5200 to Senate amendment H–8251, filed March 9, 2010. Senator Danielson moved that the Senate concur and vote “No” in the House amendment to the Senate amendment. The motion prevailed by a voice vote and the Senate refused to concur in the House amendment to the Senate amendment. 58th Day TUESDAY, MARCH 9, 2010 725 CONSIDERATION OF BILL (Ways and Means Calendar) Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 2373. Senate File 2373 On motion of Senator Jochum, Senate File 2373, a bill for an act relating to the administration of the replacement tax for new cogeneration facilities, and including effective date and retroactive applicability provisions, was taken up for consideration. Senator Jochum 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. 2373), the vote was: Yeas, 50: Appel Feenstra Johnson Schmitz Bartz Fraise Kapucian Schoenjahn Beall Gronstal Kettering Seng Behn Hahn Kibbie Seymour Black Hamerlinck Kreiman Sodders Boettger Hancock McCoy Stewart Bolkcom Hartsuch McKinley Ward Courtney Hatch Noble Warnstadt Dandekar Heckroth Olive Wieck Danielson Hogg Quirmbach Wilhelm Dearden Horn Ragan Zaun Dotzler Houser Reynolds Dvorsky Jochum Rielly Nays, none. Absent, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. 726 JOURNAL OF THE SENATE 58th Day CONSIDERATION OF BILL (Appropriations Calendar) Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 2367. Senate File 2367 On motion of Senator Danielson, Senate File 2367, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority, and other properly related matters, was taken up for consideration. Senator Danielson asked and received unanimous consent that action on Senate File 2367 be deferred. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 2364. Senate File 2364 On motion of Senator Schmitz, Senate File 2364, a bill for an act relating to the income tax checkoff for the child abuse prevention program fund and including retroactive applicability provisions, was taken up for consideration. Senator Ward asked and received unanimous consent that action on Senate File 2364 be deferred. IMMEDIATELY MESSAGED Senator Bolkcom asked and received unanimous consent that Senate File 2373 and House File 2456 be immediately messaged to the House. 58th Day TUESDAY, MARCH 9, 2010 727 HOUSE AMENDMENT CONSIDERED Senate File 2199 Senator Olive called up for consideration Senate File 2199, a bill for an act relating to the collection of the use tax on manufactured housing, the licensing of manufactured home retailers, amending statutory references to certain types of home dealers, establishing titling procedures for certain manufactured and mobile homes, making penalties applicable, and including effective date provisions, amended by the House in House amendment S–5147, filed February 25, 2010. Senator Olive 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 Olive 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. 2199), the vote was: Yeas, 50: Appel Feenstra Johnson Schmitz Bartz Fraise Kapucian Schoenjahn Beall Gronstal Kettering Seng Behn Hahn Kibbie Seymour Black Hamerlinck Kreiman Sodders Boettger Hancock McCoy Stewart Bolkcom Hartsuch McKinley Ward Courtney Hatch Noble Warnstadt Dandekar Heckroth Olive Wieck Danielson Hogg Quirmbach Wilhelm Dearden Horn Ragan Zaun Dotzler Houser Reynolds Dvorsky Jochum Rielly Nays, none. Absent, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to. 728 JOURNAL OF THE SENATE 58th Day CONSIDERATION OF BILLS (Regular Calendar) Senator Bolkcom asked and received unanimous consent to take up for consideration House Files 2488, 2485, and 2478. House File 2488 On motion of Senator Sodders, House File 2488, a bill for an act relating to the appointment of young adults to appointive boards, commissions, committees, and councils, 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. On the question “Shall the bill pass?” (H.F. 2488), the vote was: Yeas, 36: Appel Dotzler Jochum Schmitz Bartz Dvorsky Kibbie Schoenjahn Beall Fraise Kreiman Seng Black Gronstal McCoy Sodders Bolkcom Hancock Noble Stewart Courtney Hatch Olive Ward Dandekar Heckroth Quirmbach Warnstadt Danielson Hogg Ragan Wieck Dearden Horn Rielly Wilhelm Nays, 14: Behn Hamerlinck Kapucian Seymour Boettger Hartsuch Kettering Zaun Feenstra Houser McKinley Hahn Johnson Reynolds Absent, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. 58th Day TUESDAY, MARCH 9, 2010 729 House File 2485 On motion of Senator Jochum, House File 2485, a bill for an act relating to public employee collective bargaining, with report of committee recommending passage, was taken up for consideration. Senator Jochum 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. 2485), the vote was: Yeas, 50: Appel Feenstra Johnson Schmitz Bartz Fraise Kapucian Schoenjahn Beall Gronstal Kettering Seng Behn Hahn Kibbie Seymour Black Hamerlinck Kreiman Sodders Boettger Hancock McCoy Stewart Bolkcom Hartsuch McKinley Ward Courtney Hatch Noble Warnstadt Dandekar Heckroth Olive Wieck Danielson Hogg Quirmbach Wilhelm Dearden Horn Ragan Zaun Dotzler Houser Reynolds Dvorsky Jochum Rielly Nays, none. Absent, none. The bill, having received