PROOF _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ STATE OF IOWA Senate Journal THURSDAY, APRIL 16, 2009 __________ 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.) _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ 95th Day THURSDAY, APRIL 16, 2009 1121 JOURNAL OF THE SENATE __________ NINETY-FIFTH CALENDAR DAY FIFTY-SEVENTH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, April 16, 2009 The Senate met in regular session at 9:06 a.m., President Kibbie presiding. Prayer was offered by Pastor Jane Shepherd of the United Methodist Church in Gowrie, Iowa. She was the guest of Senator Beall. The Journal of Wednesday, April 15, 2009, was approved. The Senate stood at ease at 9:40 a.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 10:44 a.m., President Kibbie presiding. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Houser, until he arrives, on request of Senator Johnson. HOUSE AMENDMENT CONSIDERED Senate File 472 Senator Hancock called up for consideration Senate File 472, a bill for an act relating to and making appropriations to the judicial branch, and providing an effective date, amended by the House in House amendment S–3247, filed April 14, 2009. 1122 JOURNAL OF THE SENATE 95th Day Senator Hancock 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 Hancock 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. 472), the vote was: Yeas, 30: Appel Dotzler Horn Schoenjahn Beall Dvorsky Jochum Seng Black Fraise Kibbie Sodders Bolkcom Gronstal McCoy Stewart Courtney Hancock Quirmbach Warnstadt Dandekar Hatch Ragan Wilhelm Danielson Heckroth Rielly Dearden Hogg Schmitz Nays, 19: Bartz Hamerlinck Kreiman Seymour Behn Hartsuch McKinley Ward Boettger Johnson Noble Wieck Feenstra Kapucian Olive Zaun Hahn Kettering Reynolds Absent, 1: Houser The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT CONSIDERED Senate File 452 Senator Bolkcom called up for consideration Senate File 452, a bill for an act directing the office of energy independence to establish a community grant program for energy efficiency projects, and allocating appropriated amounts for purposes of funding the program, amended by the House in House amendment S–3245, filed April 14, 2009. 95th Day THURSDAY, APRIL 16, 2009 1123 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 a voice vote, and the bill was read the last time. On the question “Shall the bill pass?” (S.F. 452), the vote was: Yeas, 35: Appel Dearden Jochum Schoenjahn Bartz Dotzler Kibbie Seng Beall Dvorsky Kreiman Seymour Black Fraise McCoy Sodders Boettger Gronstal Olive Ward Bolkcom Hatch Quirmbach Warnstadt Courtney Heckroth Ragan Wilhelm Dandekar Hogg Rielly Zaun Danielson Horn Schmitz Nays, 15: Behn Hancock Kapucian Reynolds Feenstra Hartsuch Kettering Stewart Hahn Houser McKinley Wieck Hamerlinck Johnson Noble Absent, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT CONSIDERED Senate File 415 Senator Hogg called up for consideration Senate File 415, a bill for an act relating to the acquisition of title to abandoned property by cities, amended by the House in House amendment S–3249, filed April 14, 2009. 1124 JOURNAL OF THE SENATE 95th Day Senator Hogg 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 Hogg 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. 415), 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. IMMEDIATELY MESSAGED Senator Gronstal asked and received unanimous consent that Senate Files 415, 452, and 472 be immediately messaged to the House. 95th Day THURSDAY, APRIL 16, 2009 1125 HOUSE AMENDMENT CONSIDERED Senate File 403 Senator Warnstadt called up for consideration Senate File 403, a bill for an act concerning the sale of beer by native wineries, amended by the House in House amendment S–3244, filed April 14, 2009. Senator Warnstadt 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 Warnstadt 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. 403), the vote was: Yeas, 49: Appel Feenstra Johnson Schoenjahn Bartz Fraise Kapucian Seng Beall Gronstal Kettering Seymour Behn Hahn Kibbie Sodders Black Hamerlinck McCoy Stewart Boettger Hancock McKinley Ward Bolkcom Hartsuch Noble Warnstadt Courtney Hatch Olive Wieck Dandekar Heckroth Quirmbach Wilhelm Danielson Hogg Ragan Zaun Dearden Horn Reynolds Dotzler Houser Rielly Dvorsky Jochum Schmitz Nays, 1: Kreiman Absent, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. 1126 JOURNAL OF THE SENATE 95th Day HOUSE AMENDMENT CONSIDERED Senate File 236 Senator Bolkcom called up for consideration Senate File 236, a bill for an act relating to psychiatric medical institution for children services and providing an effective date, amended by the House in House amendment S–3265, filed April 15, 2009. 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 a voice vote, and the bill was read the last time. On the question “Shall the bill pass?” (S.F. 236), 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. 95th Day THURSDAY, APRIL 16, 2009 1127 IMMEDIATELY MESSAGED Senator Gronstal asked and received unanimous consent that Senate Files 236 and 403 be immediately messaged to the House. RECESS On motion of Senator Gronstal, the Senate recessed at 11:15 a.m. until 1:00 p.m. AFTERNOON SESSION The Senate reconvened at 1:28 p.m., President Kibbie presiding. CONSIDERATION OF BILL (Appropriations Calendar) Senator Gronstal asked and received unanimous consent to take up for consideration House File 809. House File 809 On motion of Senator Danielson, House File 809, 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, and providing effective and retroactive applicability dates, with report of committee recommending passage, was taken up for consideration. Senator Zaun offered amendment S–3285, filed by him from the floor to page 2 of the bill, and moved its adoption. A record roll call was requested. On the question “Shall amendment S–3285 be adopted?” (H.F. 809), the vote was: Yeas, 18: Bartz Hamerlinck Kettering Ward Behn Hartsuch McKinley Wieck Boettger Houser Noble Zaun Feenstra Johnson Reynolds Hahn Kapucian Seymour 1128 JOURNAL OF THE SENATE 95th Day Nays,