PROOF _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ STATE OF IOWA Senate Journal TUESDAY, APRIL 3, 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.) _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ 1026 JOURNAL OF THE SENATE 86th Day JOURNAL OF THE SENATE __________ EIGHTY-SIXTH CALENDAR DAY FIFTIETH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, April 3, 2007 The Senate met in regular session at 8:45 a.m., President Kibbie presiding. Prayer was offered by Reverend Jim Howland of the First Presbyterian Church in Winterset, Iowa. He was the guest of Senator Appel. The Journal of Monday, April 2, 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 2, 2007, passed the following bills in which the concurrence of the Senate is asked: House File 718, a bill for an act relating to cigarette fire safety standards, and providing penalties. Read first time and referred to committee on Human Resources. House File 808, a bill for an act concerning accountability requirements for entities, administrators, and boards created for joint exercise of governmental powers and providing effective dates. Read first time and referred to committee on Local Government. 86th Day TUESDAY, APRIL 3, 2007 1027 House File 815, a bill for an act requiring the department of transportation to conduct a statewide conference concerning antenna structures affecting aviation safety. Read first time and referred to committee on Transportation. House File 841, a bill for an act relating to alignment of the kindergarten through postsecondary education systems and providing an effective date. Read first time and referred to committee on Education. House File 864, a bill for an act providing for candidate physical ability tests for fire fighter applicants under the statewide fire and police retirement system and providing an effective date. Read first time and referred to committee on State Government. SPECIAL GUEST Senator Gronstal introduced to the Senate chamber U.S. Senator from Delaware and Democratic presidential candidate, Joe Biden. The Senate rose and expressed its welcome. 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 10:26 a.m., President Kibbie presiding. UNFINISHED BUSINESS (Deferred April 2, 2007) Senate File 573 The Senate resumed consideration of Senate File 573, a bill for an act creating an interim commission on affordable health care plans for small businesses and families and a health care data research advisory council, and providing an effective date, deferred April 2, 2007. 1028 JOURNAL OF THE SENATE 86th Day Senator Hatch offered amendment S–3234, filed by him from the floor to page 1 of the bill. Senator Hartsuch asked and received unanimous consent that action on amendment S–3234 and Senate File 573 be deferred. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Fraise, until he arrives, on request of Senator Courtney; and Senator Kreiman, until he returns, on request of Senator Ragan. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Courtney asked and received unanimous consent to take up for consideration Senate File 564. Senate File 564 On motion of Senator Seng, Senate File 564, a bill for an act regulating dangerous wild animals, including their ownership and possession, requiring registration, providing for fees and appropriations, and providing penalties, was taken up for consideration. Senator Seng offered amendment S–3231, filed by Senator Seng, et al., from the floor to pages 3, 8–10, and 13 of the bill, and moved its adoption. Amendment S–3231 was adopted by a voice vote. With the adoption of amendment S–3231, the Chair ruled amendments S–3176, filed by Senator Seng on March 27, 2007, to pages 8–10, and 13, and S–3212, filed by Senator Dotzler, et al., on March 29, 2007, to page 10 of the bill, out of order. Senator Rielly offered amendment S–3230, filed by him on April 2, 2007, to pages 2 and 3 of the bill, and moved its adoption. Amendment S–3230 lost. Senator McKibben offered amendment S–3162, filed by Senators McKibben and Seng on March 26, 2007, to page 13 of the bill, and moved its adoption. 86th Day TUESDAY, APRIL 3, 2007 1029 Amendment S–3162 was adopted by a voice vote. Senator Seng 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. 564), the vote was: Yeas, 48: Angelo Dvorsky Kettering Rielly Appel Gaskill Kibbie Schmitz Beall Gronstal Lundby Schoenjahn Behn Hahn McCoy Seng Black Hancock McKibben Seymour Boettger Hartsuch McKinley Stewart Bolkcom Hatch Mulder Ward Connolly Heckroth Noble Warnstadt Courtney Hogg Olive Wieck Danielson Horn Putney Wood Dearden Houser Quirmbach Zaun Dotzler Johnson Ragan Zieman Nays, none. Absent, 2: Fraise Kreiman 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 564 be immediately messaged to the House. CONSIDERATION OF BILL (Regular Calendar) Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 512. Senate File 512 On motion of Senator Danielson, Senate File 512, a bill for an act relating to the regulation of pharmacy benefits managers and providing penalties, was taken up for consideration. 1030 JOURNAL OF THE SENATE 86th Day Senator Lundby asked and received unanimous consent that action on Senate File 512 be deferred. The Senate stood at ease at 11:03 a.m. until the fall of the gavel for the purpose of a Republican party caucus. The Senate resumed session at 11:27 a.m., President Kibbie presiding. CONSIDERATION OF BILL (Regular Calendar) Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 508. Senate File 508 On motion of Senator Rielly, Senate File 508, a bill for an act requiring health care benefit coverage for certain prosthetic devices and providing an applicability date, was taken up for consideration. Senator Rielly offered amendment S–3208, filed by him on March 28, 2007, to page 1 of the bill, and moved its adoption. Amendment S–3208 was adopted by a voice vote. Senator Lundby asked and received unanimous consent that action on Senate File 508 be deferred. CONSIDERATION OF BILL (Appropriations Calendar) Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 574. Senate File 574 On motion of Senator Bolkcom, Senate File 574, a bill for an act relating to statewide greenhouse gas emissions, was taken up for consideration. Senator Bolkcom offered amendment S–3237, filed by him from the floor to page 4 of the bill, and moved its adoption. Amendment S–3237 was adopted by a voice vote. 86th Day TUESDAY, APRIL 3, 2007 1031 Senator Bolkcom withdrew amendment S–3228, filed by him on April 2, 2007, to the title page of the bill. Senator Bolkcom 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. 574), the vote was: Yeas, 28: Appel Dearden Hogg Rielly Beall Dotzler Horn Schmitz Black Dvorsky Kibbie Schoenjahn Bolkcom Gronstal McCoy Seng Connolly Hancock Olive Stewart Courtney Hatch Quirmbach Warnstadt Danielson Heckroth Ragan Wood Nays, 20: Angelo Hartsuch McKibben Seymour Behn Houser McKinley Ward Boettger Johnson Mulder Wieck Gaskill Kettering Noble Zaun Hahn Lundby Putney Zieman Absent, 2: Fraise Kreiman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Courtney asked and received unanimous consent that Senate File 574 be immediately messaged to the House. RECESS On motion of Senator Courtney, the Senate recessed at 11:40 a.m. until 4:30 p.m. 1032 JOURNAL OF THE SENATE 86th Day APPENDIX—1 CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Burley and Helen Beam, Burlington—For celebrating their 50th wedding anniversary. Senator Courtney (4/3/07). Reverends Bill and Sheri Daylong, Jefferson—For being the Pastors of the Day. Senator Beall (4/3/07). Malory Jane Dreasler—For winning the University of Iowa Presidential Scholarship Award for 2007. Senator McKibben (4/3/07). Robert A. Jones, Sr., Montrose—For celebrating his 90th birthday. Senator Courtney (4/3/07). Dr. Thomas Renze—For being named the 2007 Iowa School Communicator of the Year. Senator McKibben (4/3/07). Scott and Joan Williams, Burlington—For celebrating their 50th wedding anniversary.