PROOF _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ STATE OF IOWA Senate Journal TUESDAY, MARCH 6, 2012 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 6, 2012 449 JOURNAL OF THE SENATE __________ FIFTY-EIGHTH CALENDAR DAY THIRTY-FOURTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, March 6, 2012 The Senate met in regular session at 9:03 a.m., President Kibbie presiding. Prayer was offered by Pastor Geoff Stafford of the New Heights Church in Indianola, Iowa. He was the guest of Senator Sorenson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Senate Page Hailey Albert. The Journal of Monday, March 5, 2012, was approved. BILL REFERRED TO COMMITTEE Senator Gronstal asked and received unanimous consent that Senate File 2299 be referred from the Regular Calendar to the committee on Appropriations. RECESS On motion of Senator Gronstal, the Senate recessed at 9:24 a.m. until the completion of a meeting of the committee on Rules and Administration. RECONVENED The Senate reconvened at 9:27 a.m., President Kibbie presiding. The Senate stood at ease at 9:28 a.m. until the fall of the gavel for the purpose of party caucuses. 450 JOURNAL OF THE SENATE 58th Day The Senate resumed session at 11:14 a.m., President Kibbie presiding. CONSIDERATION OF BILLS (Regular Calendar) Senator Gronstal asked and received unanimous consent to take up for consideration Senate Files 2286, 2280, and 2257. Senate File 2286 On motion of Senator McCoy, Senate File 2286, a bill for an act specifying procedures applicable to claims asserting stray electric current or voltage, was taken up for consideration. Senator Gronstal asked and received unanimous consent that action on Senate File 2286 be deferred. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Bacon, until he returns, on request of Senator Behn. Senate File 2280 On motion of Senator McCoy, Senate File 2280, a bill for an act relating to boiler inspections, was taken up for consideration. 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. 2280), the vote was: Yeas, 49: Anderson Dix Horn Schoenjahn Bartz Dotzler Houser Seng Beall Dvorsky Jochum Seymour Behn Ernst Johnson Smith Bertrand Feenstra Kapucian Sodders Black Fraise Kettering Sorenson Boettger Greiner Kibbie Ward Bolkcom Gronstal Mathis Whitver Bowman Hahn McCoy Wilhelm Chelgren Hamerlinck McKinley Zaun 58th Day TUESDAY, MARCH 6, 2012 451 Courtney Hancock Quirmbach Danielson Hatch Ragan Dearden Hogg Rielly Nays, none. Absent, 1: Bacon The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2257 On motion of Senator McCoy, Senate File 2257, a bill for an act relating to requirements for motorists approaching certain stationary vehicles on the highway, and providing penalties, was taken up for consideration. 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. 2257), the vote was: Yeas, 49: Anderson Dix Horn Schoenjahn Bartz Dotzler Houser Seng Beall Dvorsky Jochum Seymour Behn Ernst Johnson Smith Bertrand Feenstra Kapucian Sodders Black Fraise Kettering Sorenson Boettger Greiner Kibbie Ward Bolkcom Gronstal Mathis Whitver Bowman Hahn McCoy Wilhelm Chelgren Hamerlinck McKinley Zaun Courtney Hancock Quirmbach Danielson Hatch Ragan Dearden Hogg Rielly Nays, none. Absent, 1: Bacon The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. 452 JOURNAL OF THE SENATE 58th Day SPECIAL GUEST President Kibbie welcomed to the Senate chamber the Honorable Frank Wood, former member of the Senate from Scott County, Eldridge, Iowa. The Senate rose and expressed its welcome. CONSIDERATION OF BILL (Appropriations Calendar) Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 2314. Senate File 2314 On motion of Senator McCoy, Senate File 2314, a bill for an act relating to transportation and other infrastructure-related appropriations to the department of transportation, including allocation and use of moneys from the road use tax fund and the primary road fund, and providing for properly related matters, was taken up for consideration. Senator Dvorsky offered amendment S–5044, filed by him from the floor to pages 1, 6–7, and amending the title page of the bill, and moved its adoption. Amendment S–5044 was adopted by a voice vote. Senator Chelgren withdrew amendment S–5039, filed by him on March 1, 2012, to page 7 of the bill. 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. 2314), the vote was: Yeas, 42: Anderson Dix Horn Schoenjahn Bartz Dotzler Houser Seng Beall Dvorsky Jochum Seymour Bertrand Fraise Johnson Smith Black Greiner Kapucian Sodders 58th Day TUESDAY, MARCH 6, 2012 453 Boettger Gronstal Kibbie Sorenson Bolkcom Hahn Mathis Ward Bowman Hamerlinck McCoy Whitver Courtney Hancock Quirmbach Wilhelm Danielson Hatch Ragan Dearden Hogg Rielly Nays, 7: Behn Ernst Kettering Zaun Chelgren Feenstra McKinley Absent, 1: Bacon 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 Files 2257, 2280, and 2314 be immediately messaged to the House. RECESS On motion of Senator Gronstal, the Senate recessed at 11:43 a.m. until 1:30 p.m. RECONVENED The Senate reconvened at 1:41 p.m., President Kibbie presiding. QUORUM CALL Senator Dotzler requested a nonrecord roll call to determine that a quorum was present. The vote revealed 45 present, 5 absent, and a quorum present. 454 JOURNAL OF THE SENATE 58th 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 March 6, 2012, passed the following bill in which the concurrence of the Senate is asked: House File 2315, a bill for an act creating the manufactured housing program fund. Read first time and attached to companion Senate File 2226. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Johnson, until he returns, on request of Senator Behn; and Senator Courtney, until he returns, on request of Senator Gronstal. CONSIDERATION OF BILLS (Regular Calendar) Senator Gronstal asked and received unanimous consent to take up for consideration Senate Files 2296, 2277, 2292, and 2210. Senate File 2296 On motion of Senator Hogg, Senate File 2296, a bill for an act relating to the criminal offense of solicitation to commit murder and providing a penalty, was taken up for consideration. Senator Hogg 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. 2296), the vote was: Yeas, 47: Anderson Dearden Hatch Rielly Bacon Dix Hogg Schoenjahn Bartz Dotzler Horn Seng 58th Day TUESDAY, MARCH 6, 2012 455 Beall Dvorsky Houser Seymour Behn Ernst Jochum Smith Bertrand Feenstra Kapucian Sodders Black Fraise Kettering Sorenson Boettger Greiner Kibbie Ward Bolkcom Gronstal Mathis Whitver Bowman Hahn McKinley Wilhelm Chelgren Hamerlinck Quirmbach Zaun Danielson Hancock Ragan Nays, 1: McCoy Absent, 2: Courtney Johnson The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2277 On motion of Senator Bertrand, Senate File 2277, a bill for an act concerning the authority of a liquor control licensee to keep certain mixed drinks or cocktails on the licensed premises, was taken up for consideration. Senator Bertrand 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. 2277), the vote was: Yeas, 47: Anderson Danielson Hatch Ragan Bacon Dix Hogg Rielly Bartz Dotzler Horn Schoenjahn Beall Dvorsky Houser Seng Behn Ernst Jochum Seymour Bertrand Feenstra Kapucian Smith Black Fraise Kettering Sorenson Boettger Greiner Kibbie Ward Bolkcom Gronstal Mathis Whitver 456 JOURNAL OF THE SENATE 58th Day Bowman Hahn McCoy Wilhelm Chelgren Hamerlinck McKinley Zaun Courtney Hancock Quirmbach Nays, 2: Dearden Sodders Absent, 1: Johnson The bill, having received a constitutional majority, was declared to have passed the Senate