PROOF _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ STATE OF IOWA Senate Journal WEDNESDAY, APRIL 25, 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.) _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ 108th Day WEDNESDAY, APRIL 25, 2007 1429 JOURNAL OF THE SENATE __________ ONE HUNDRED EIGHTH CALENDAR DAY SIXTY-FOURTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, April 25, 2007 The Senate met in regular session at 8:57 a.m., President Kibbie presiding. Prayer was offered by Pastor Jonathon Smith of the Tipton Bible Church in Tipton, Iowa. He was the guest of Senator Hahn. The Journal of Tuesday, April 24, 2007, was approved. The Senate stood at ease at 9:01 a.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 10:22 a.m., President Kibbie presiding. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Gronstal asked and received unanimous consent to take up for consideration Senate Resolution 40. Senate Resolution 40 On motion of Senator Rielly, Senate Resolution 40, a resolution to recognize the sesquicentennial of the city of Williamsburg, with report of committee recommending passage, was taken up for consideration. Senator Rielly moved the adoption of Senate Resolution 40, which motion prevailed by a voice vote. 1430 JOURNAL OF THE SENATE 108th Day LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Dvorsky and Hogg, until they arrive, on request of Senator Gronstal. CONSIDERATION OF RESOLUTIONS (Regular Calendar) Senator Gronstal asked and received unanimous consent to take up for consideration Senate Joint Resolutions 6 and 5. Senate Joint Resolution 6 On motion of Senator Gronstal, Senate Joint Resolution 6, a joint resolution approving the permanent acknowledgement of elementary and secondary schools and individual citizens of this state for their contributions of foliage and items to be permanently located on the west capitol terrace and other capitol grounds and providing an effective date, with report of committee recommending passage, was taken up for consideration. Senator Gronstal moved that the resolution be read the last time now and placed upon its passage, which motion prevailed by voice vote, and the resolution was read the last time. Senate Joint Resolution 6, a joint resolution approving the permanent acknowledgement of elementary and secondary schools and individual citizens of this state for their contributions of foliage and items to be permanently located on the west capitol terrace and other capitol grounds and providing an effective date. WHEREAS, the state has committed resources to the improvement of the West Capitol Terrace project and continues to develop that area for the citizens of Iowa; and WHEREAS, work on phase 1 of this project is scheduled to be completed by June of this year in time for the 2007 Hy-Vee Triathlon—International Triathlon Union World Cup event; and WHEREAS, the General Assembly believes all Iowans should be proud of the improvements being made and given the opportunity to participate in the completion of this project; and WHEREAS, the Department of Administrative Services is planning an event to encourage all Iowans to participate in the 108th Day WEDNESDAY, APRIL 25, 2007 1431 sponsorship of trees, benches, and other foliage and items to be located on the West Capitol Terrace and other areas of the Capitol grounds; NOW THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: That the department of administrative services is hereby authorized, as provided in section 8A.108, subsection 2, paragraph “b”, to establish permanent acknowledgements for contributions made by or on behalf of elementary and secondary schools and individual citizens of this state of trees, benches, and other foliage and items to be permanently located on the west capitol terrace and other areas of the capitol grounds. The type and design of plaques to be used for the permanent acknowledgements authorized by this joint resolution shall be approved by the capitol planning commission prior to placement on the west capitol terrace or other capitol grounds. This joint resolution, being deemed of immediate importance, takes effect upon enactment. On the question “Shall the resolution be adopted?” (S.J.R. 6), the vote was: Yeas, 48: Angelo Fraise Kibbie Rielly Appel Gaskill Kreiman 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 Horn Olive Wieck Danielson Houser Putney Wood Dearden Johnson Quirmbach Zaun Dotzler Kettering Ragan Zieman Nays, none. Absent, 2: Dvorsky Hogg The resolution, having received a constitutional majority, was declared to have been adopted by the Senate and the title was agreed to. 1432 JOURNAL OF THE SENATE 108th Day Senate Joint Resolution 5 On motion of Senator Gronstal, Senate Joint Resolution 5, a joint resolution authorizing the temporary use and consumption of alcoholic beverages on the state capitol complex grounds in conjunction with the Hy-Vee BG World Cup Triathlon, and providing an effective date, with report of committee recommending passage, was taken up for consideration. Senator Gronstal moved that the resolution be read the last time now and placed upon its passage, which motion prevailed by voice vote, and the resolution was read the last time. Senate Joint Resolution 5, a joint resolution authorizing the temporary use and consumption of alcoholic beverages on the state capitol complex grounds in conjunction with the Hy-Vee BG World Cup Triathlon, and providing an effective date. WHEREAS, on June 17, 2007, athletes from around the world will gather in Des Moines, Iowa, to compete for the largest purse prize in triathlon history; and WHEREAS, the city of Des Moines has the honor of being the only city in the United States on the 2007 World Cup schedule of 16 triathlons; and WHEREAS, Iowa’s state capitol complex grounds provide a unique and memorable setting for the finish line of the triathlon and the following awards ceremony; and WHEREAS, a champagne toast is a traditional part of the awards ceremony; and WHEREAS, because 11 IAC 100.4(8) prohibits the consumption of alcoholic beverages on the state capitol complex grounds, it is not possible to serve champagne or other alcoholic beverage at this type of awards ceremony on the state capitol complex grounds; NOW THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: Section 1. Notwithstanding 11 IAC 100.4(8) and any contrary provisions of chapter 123, prohibiting the use and consumption of alcoholic beverages in public places, alcoholic beverages may be used and consumed on the state capitol complex grounds at an awards ceremony, to be held on or around June 17, 2007, hosted and organized in whole or in part by Hy-Vee, Incorporated, if the person 108th Day WEDNESDAY, APRIL 25, 2007 1433 providing the food and alcoholic beverages at the awards ceremony possesses an appropriate valid liquor control license. For the purpose of this section and section 123.95, the state capitol complex grounds is a private place. Sec. 2. EFFECTIVE DATE. This joint resolution, being deemed of immediate importance, takes effect upon enactment. On the question “Shall the resolution be adopted?” (S.J.R. 5), the vote was: Yeas, 33: Angelo Fraise Lundby Stewart Appel Gaskill McCoy Ward Behn Gronstal McKibben Wieck Bolkcom Hatch McKinley Wood Connolly Horn Olive Zaun Courtney Houser Ragan Zieman Danielson Johnson Rielly Dearden Kettering Seng Dotzler Kibbie Seymour Nays, 16: Beall Hancock Kreiman Quirmbach Black Hartsuch Mulder Schmitz Boettger Heckroth Noble Schoenjahn Hahn Hogg Putney Warnstadt Absent, 1: Dvorsky The resolution, having received a constitutional majority, was declared to have been adopted by the Senate and the title was agreed to. CONSIDERATION OF BILLS (Ways and Means Calendar) Senator Gronstal asked and received unanimous consent to take up for consideration House File 912 and Senate File 604. 1434 JOURNAL OF THE SENATE 108th Day House File 912 On motion of Senator Dotzler, House File 912, a bill for an act relating to providing sales, use, and property tax exemptions for a certain web search portal business, with report of committee recommending passage, was taken up for consideration. Senator Danielson withdrew amendment S–3422, filed by him on April 23, 2007, to page 3 and to the title page of the bill. With the withdrawal of amendment S–3422, the Chair ruled amendment S–3439, filed by the Senator Danielson on April 24, 2007, to page 1 of the bill, out of order. Senator Danielson offered amendment S–3446, filed by him from the floor to page 3 and to the title page of the bill, and moved its adoption. Amendment S–3446 was adopted by a voice vote. Senator Dotzler moved that the bill be read the last time now and placed upon its passage,