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PROOF _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ STATE OF IOWA Senate Journal MONDAY, MARCH 10, 2008 __________ 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.) _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________

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__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

STATE OF IOWA

Senate Journal

MONDAY, MARCH 10, 2008

__________

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.)

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

57th Day MONDAY, MARCH 10, 2008 493

JOURNAL OF THE SENATE

__________

FIFTY-SEVENTH CALENDAR DAY THIRTY-THIRD SESSION DAY

Senate Chamber

Des Moines, Iowa, Monday, March 10, 2008 The Senate met in regular session at 1:00 p.m., President Kibbie presiding. Prayer was offered by Reverend Tim Peters of the Church of the Brethren in Prairie City, Iowa. He was the guest of Senator Black.

PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Senate Page Caslon Hatch. The Journal of Thursday, March 6, 2008, was approved.

HOUSE MESSAGE RECEIVED 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, 2008, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: House File 2309, a bill for an act relating to child support recovery including assignment of support to the state relative to receipt of family investment program benefits, the reporting of delinquent child support obligors to consumer reporting agencies, access to cellular telephone numbers for the purpose of the computer match program by the child support recovery unit, the information included in a notice regarding the administrative levy of an account, and medical support of a child, and providing effective and retroactive applicability dates.

494 JOURNAL OF THE SENATE 57th Day

LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Gaskill, until he arrives, on request of Senator Putney.

BILLS REFERRED TO COMMITTEE Senator Gronstal asked and received unanimous consent that Senate Files 2324 and 2327 be referred from the Regular Calendar to the committee on Appropriations. The Senate stood at ease at 1:10 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 2:15 p.m., President Kibbie presiding.

HOUSE AMENDMENT CONSIDERED Senate File 2123 Senator Appel called up for consideration Senate File 2123, a bill for an act updating the Code references to the Internal Revenue Code and including effective date and retroactive applicability date provisions, amended by the House in House amendment S–5040, filed March 3, 2008. Senator McKibben asked and received unanimous consent that action on House amendment S–5040 and Senate File 2123 be deferred. President Pro Tempore Danielson took the chair at 2:23 p.m.

LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Ward, until she arrives, on request of Senator Wieck.

57th Day MONDAY, MARCH 10, 2008 495

CONSIDERATION OF BILL (Ways and Means Calendar)

Senator Gronstal asked and received unanimous consent to take up for consideration House File 2417. House File 2417 On motion of Senator Bolkcom, House File 2417, a bill for an act exempting certain federal tax rebates under the state individual income tax and including a retroactive applicability date provision, placed on the Unfinished Business Calendar on March 6, 2008, with report of committee recommending passage, was taken up for consideration. 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?” (H.F. 2417), the vote was: Yeas, 48: Angelo Dvorsky Kettering Ragan Appel Fraise Kibbie Rielly Beall Gronstal Kreiman Schmitz Behn Hahn Lundby Schoenjahn Black Hancock McCoy Seng Boettger Hartsuch McKibben Seymour Bolkcom Hatch McKinley Stewart Connolly Heckroth Mulder Warnstadt Courtney Hogg Noble Wieck Danielson Horn Olive Wood Dearden Houser Putney Zaun Dotzler Johnson Quirmbach Zieman Nays, none. Absent, 2: Gaskill Ward The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.

496 JOURNAL OF THE SENATE 57th Day

CONSIDERATION OF BILLS (Regular Calendar)

Senator Gronstal asked and received unanimous consent to take up for consideration Senate Files 2301 and 2292. Senate File 2301 On motion of Senator Kibbie, Senate File 2301, a bill for an act making revisions and modifications to uniform finance procedures for bonds issued by the state, was taken up for consideration. Senator Kibbie 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. 2301), the vote was: Yeas, 48: Angelo Dvorsky Kettering Ragan Appel Fraise Kibbie Rielly Beall Gronstal Kreiman Schmitz Behn Hahn Lundby Schoenjahn Black Hancock McCoy Seng Boettger Hartsuch McKibben Seymour Bolkcom Hatch McKinley Stewart Connolly Heckroth Mulder Warnstadt Courtney Hogg Noble Wieck Danielson Horn Olive Wood Dearden Houser Putney Zaun Dotzler Johnson Quirmbach Zieman Nays, none. Absent, 2: Gaskill Ward The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.

57th Day MONDAY, MARCH 10, 2008 497

Senate File 2292 On motion of Senator Hatch, Senate File 2292, a bill for an act expanding the time period during which a complaint may be filed with the Iowa civil rights commission, was taken up for consideration. Senator Hatch 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. 2292), the vote was: Yeas, 35: Angelo Dotzler Johnson Schmitz Appel Dvorsky Kibbie Schoenjahn Beall Fraise Kreiman Seng Black Gronstal Lundby Seymour Bolkcom Hancock McCoy Stewart Connolly Hatch Olive Warnstadt Courtney Heckroth Quirmbach Wood Danielson Hogg Ragan Zieman Dearden Horn Rielly Nays, 13: Behn Houser Mulder Zaun Boettger Kettering Noble Hahn McKibben Putney Hartsuch McKinley Wieck Absent, 2: Gaskill Ward 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 Files 2292 and 2301 and House File 2417 be immediately messaged to the House.

498 JOURNAL OF THE SENATE 57th Day

RECESS On motion of Senator Gronstal, the Senate recessed at 2:34 p.m. until 3:30 p.m.

APPENDIX—1

CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Charlotte Fagen, Sigourney—For celebrating her 90th birthday. Senator Rielly (3/10/08). Naomi Foster—For celebrating her 90th birthday. Senator Gronstal (3/10/08). James Hepp, Rockwell City—For achieving the rank of Eagle Scout. Senator Beall (3/10/08). Florence Hotchkin—For celebrating her 100th birthday. Senator Rielly (3/10/08). Patricia Rogers—For celebrating her 90th birthday. Senator Gronstal (3/10/08).

INTRODUCTION OF RESOLUTIONS Senate Resolution 110, by Bolkcom, a resolution requesting that the legislative council create a study committee relating to beverage container laws. Read first time under Rule 28 and referred to committee on Rules and Administration. Senate Resolution 111, by Mulder, a resolution to honor Northwestern College as it celebrates its sesquicentennial. Read first time under Rule 28 and referred to committee on Rules and Administration.

57th Day MONDAY, MARCH 10, 2008 499

INTRODUCTION OF BILLS Senate File 2342, by committee on Judiciary, a bill for an act relating to the time limit on executions of judgments and orders. Read first time under Rule 28 and placed on calendar. Senate File 2343, by committee on Judiciary, a bill for an act relating to civil liability for social hosts providing alcoholic beverages to persons under legal age. Read first time under Rule 28 and placed on calendar. Senate File 2344, by committee on Labor and Business Relations, a bill for an act relating to the imposition of penalty benefits in workers’ compensation cases. Read first time under Rule 28 and placed on calendar. Senate File 2345, by committee on Labor and Business Relations, a bill for an act relating to safe walkways for railroad workers and making penalties applicable. Read first time under Rule 28 and placed on calendar. Senate File 2346, by committee on Agriculture, a bill for an act providing for the stockpiling of dry manure from a confinement feeding operation and making penalties applicable. Read first time under Rule 28 and placed on calendar. Senate File 2347, by committee on Appropriations, a bill for an act relating to the use of optical scan voting systems in every county, making an appropriation for the cost of purchasing and distributing optical scan voting systems, reducing certain appropriations, and providing an effective date. Read first time under Rule 28 and placed on Appropriations calendar.

500 JOURNAL OF THE SENATE 57th Day

Senate File 2348, by committee on Agriculture, a bill for an act relating to the management of cooperative associations. Read first time under Rule 28 and placed on calendar. Senate File 2349, by committee on Commerce, a bill for an act relating to the preneed sale of cemetery and funeral merchandise and funeral services. Read first time under Rule 28 and placed on calendar. Senate File 2350, by committee on Judiciary, a bill for an act relating to trusts and estates including the administration of small estates, and including retroactive and other applicability provisions. Read first time under Rule 28 and placed on calendar. Senate File 2351, by committee on Commerce, a bill for an act relating to certain city utilities or city enterprises by making changes to procedures for notice and collection of delinquent charges and by making changes to billing notifications for water service provided to certain residential rental property. Read first time under Rule 28 and placed on calendar. Senate File 2352, by committee on Veterans Affairs, a bill for an act concerning the definition of veteran. Read first time under Rule 28 and placed on calendar. Senate File 2353, by committee on Judiciary, a bill for an act relating to the appointment of certain judicial officers, the retirement of senior judges, and the entry of temporary custody and visitation orders. Read first time under Rule 28 and placed on calendar. Senate File 2354, by committee on Veterans Affairs, a bill for an act concerning the home ownership assistance program for members of the military.

57th Day MONDAY, MARCH 10, 2008 501

Read first time under Rule 28 and placed on calendar. Senate File 2355, by committee on State Government, a bill for an act providing time off from work to attend presidential precinct caucuses and making penalties applicable. Read first time under Rule 28 and placed on calendar. Senate File 2356, by committee on Judiciary, a bill for an act relating to the judicial branch including contested and uncontested parking violations, filing civil citations of municipal infractions with the clerk, and records kept by the clerk. Read first time under Rule 28 and placed on calendar. Senate File 2357, by committee on Commerce, a bill for an act requiring disclosure of employer group health benefit claims and premium information to certain employers. Read first time under Rule 28 and placed on calendar. Senate File 2358, by committee on Veterans Affairs, a bill for an act establishing an educational assistance stipend for eligible veterans and providing an appropriation. Read first time under Rule 28 and placed on calendar. Senate File 2359, by committee on State Government, a bill for an act concerning fine arts projects in state buildings. Read first time under Rule 28 and placed on calendar. Senate File 2360, by committee on Natural Resources and Environment, a bill for an act relating to solid waste disposal and environmental management by providing for the designation of environmental management systems, providing incentives, and creating an environmental management systems board. Read first time under Rule 28 and placed on calendar.

502 JOURNAL OF THE SENATE 57th Day

Senate File 2361, by committee on State Government, a bill for an act providing for the procurement of designated biobased products by state government. Read first time under Rule 28 and placed on calendar. Senate File 2362, by committee on Agriculture, a bill for an act providing for research related to mitigation of odor emitted from livestock operations. Read first time under Rule 28 and placed on calendar. Senate File 2363, by committee on Agriculture, a bill for an act regulating some livestock markets as animal feeding operations. Read first time under Rule 28 and placed on calendar. Senate File 2364, by committee on Judiciary, a bill for an act relating to the emancipation of a minor. Read first time under Rule 28 and placed on calendar. Senate File 2365, by committee on State Government, a bill for an act relating to binding international trade agreements by providing for the consent of the general assembly and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 2366, by committee on Transportation, a bill for an act providing for county grants from the revitalize Iowa’s sound economy (RISE) fund for secondary road repair projects prior to statewide touring events. Read first time under Rule 28 and placed on calendar. Senate File 2367, by committee on Natural Resources and Environment, a bill for an act relating to the compliance advisory panel, including the appointment of its members and its powers and duties. Read first time under Rule 28 and placed on calendar.

57th Day MONDAY, MARCH 10, 2008 503

Senate File 2368, by committee on State Government, a bill for an act concerning persons voluntarily excluded from gambling facilities. Read first time under Rule 28 and placed on calendar. Senate File 2369, by committee on Agriculture, a bill for an act regulating persons who transport, handle, store, or apply manure. Read first time under Rule 28 and placed on calendar. Senate File 2370, by committee on Human Resources, a bill for an act relating to promotion of the health care workforce, providing for tax credits, providing appropriations, and providing effective and retroactive applicability dates. Read first time under Rule 28 and placed on calendar. Senate File 2371, by committee on Economic Growth, a bill for an act relating to economic development by making federally recognized Indian tribes that own land in Iowa eligible for certain economic development programs. Read first time under Rule 28 and placed on calendar. Senate File 2372, by committee on Commerce, a bill for an act relating to the issuance or redemption of gift certificates, establishing restrictions on fees and charges, prohibiting expiration dates, and making penalties applicable. Read first time under Rule 28 and placed on calendar. Senate File 2373, by committee on State Government, a bill for an act relating to public retirement systems and other employee benefit-related matters, including the public safety peace officers’ retirement, accident, and disability system, the Iowa public employees’ retirement system, the statewide fire and police retirement system, and the judicial retirement system, including an implementation provision, and providing effective and retroactive applicability dates. Read first time under Rule 28 and placed on calendar.

504 JOURNAL OF THE SENATE 57th Day

FINAL COMMITTEE REPORTS OF BILL ACTION AGRICULTURE Bill Title: SENATE FILE 2346 (formerly SF 2213), a bill for an act providing for the stockpiling of dry manure from a confinement feeding operation and making penalties applicable. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Fraise, Rielly, Johnson, Appel, Black, Boettger, Courtney, Gaskill, Hancock, Houser, Kibbie, Mulder, Olive, Putney, and Seng. Nays, none. Absent, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Bill Title: SENATE FILE 2348 (SSB 3221), a bill for an act relating to the management of cooperative associations. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Fraise, Rielly, Johnson, Appel, Black, Boettger, Courtney, Gaskill, Hancock, Houser, Kibbie, Mulder, Olive, Putney, and Seng. Nays, none. Absent, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Bill Title: SENATE FILE 2362 (formerly SF 2234), a bill for an act providing for research related to mitigation of odor emitted from livestock operations. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Fraise, Rielly, Johnson, Appel, Black, Boettger, Courtney, Gaskill, Hancock, Houser, Kibbie, Mulder, Olive, Putney, and Seng. Nays, none. Absent, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Bill Title: SENATE FILE 2363 (SSB 3258), a bill for an act regulating some livestock markets as animal feeding operations. Recommendation: APPROVED COMMITTEE BILL.

57th Day MONDAY, MARCH 10, 2008 505

Final Vote: Ayes, 15: Fraise, Rielly, Johnson, Appel, Black, Boettger, Courtney, Gaskill, Hancock, Houser, Kibbie, Mulder, Olive, Putney, and Seng. Nays, none. Absent, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Bill Title: SENATE FILE 2369* (SSB 3181), a bill for an act regulating persons who transport, handle, store, or apply manure. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Fraise, Rielly, Johnson, Appel, Black, Boettger, Courtney, Gaskill, Hancock, Houser, Kibbie, Mulder, Olive, Putney, and Seng. Nays, none. Absent, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Agriculture Committee on Senate File 2369, and they were attached to the committee report. APPROPRIATIONS Bill Title: SENATE FILE 2347* (SSB 3262), a bill for an act relating to the use of optical scan voting systems in every county, making an appropriation for the cost of purchasing and distributing optical scan voting systems, reducing certain appropriations, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 22: Dvorsky, McCoy, Kettering, Behn, Black, Bolkcom, Connolly, Danielson, Dotzler, Fraise, Hahn, Hancock, Hatch, Hogg, Johnson, Putney, Ragan, Seng, Seymour, Ward, Warnstadt, and Wood. Nays, none. Absent, 3: Angelo, Boettger, and Gaskill. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Appropriations Committee on Senate File 2347, and they were attached to the committee report. COMMERCE Bill Title: SENATE FILE 2349* (formerly SF 2233), a bill for an act relating to the preneed sale of cemetery and funeral merchandise and funeral services. Recommendation: APPROVED COMMITTEE BILL.

506 JOURNAL OF THE SENATE 57th Day

Final Vote: Ayes, 13: Warnstadt, Heckroth, Behn, Bolkcom, Courtney, Kettering, McCoy, Olive, Putney, Rielly, Schoenjahn, Stewart, and Ward. Nays, none. Absent, 2: Angelo and McKibben. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Commerce Committee on Senate File 2349, and they were attached to the committee report. ALSO: Bill Title: SENATE FILE 2351* (SSB 3171), a bill for an act relating to certain city utilities or city enterprises by making changes to procedures for notice and collection of delinquent charges and by making changes to billing notifications for water service provided to certain residential rental property. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Warnstadt, Heckroth, Behn, Bolkcom, Courtney, Kettering, McCoy, Olive, Putney, Rielly, Schoenjahn, Stewart, and Ward. Nays, none. Absent, 2: Angelo and McKibben. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Commerce Committee on Senate File 2351, and they were attached to the committee report. ALSO: Bill Title: SENATE FILE 2357* (formerly SF 2115), a bill for an act requiring disclosure of employer group health benefit claims and premium information to certain employers. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Warnstadt, Heckroth, Behn, Bolkcom, Courtney, Kettering, McCoy, Olive, Putney, Rielly, Schoenjahn, Stewart, and Ward. Nays, none. Absent, 2: Angelo and McKibben. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Commerce Committee on Senate File 2357, and they were attached to the committee report. ALSO: Bill Title: SENATE FILE 2372* (formerly SF 2091), a bill for an act relating to the issuance or redemption of gift certificates, establishing restrictions on fees and charges, prohibiting expiration dates, and making penalties applicable.

57th Day MONDAY, MARCH 10, 2008 507

Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Warnstadt, Heckroth, Bolkcom, Courtney, McCoy, Olive, Rielly, Schoenjahn, Stewart, and Ward. Nays, 3: Behn, Kettering, and Putney. Absent, 2: Angelo and McKibben. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Commerce Committee on Senate File 2372, and they were attached to the committee report. ECONOMIC GROWTH Bill Title: SENATE FILE 2371* (formerly SF 2241), a bill for an act relating to economic development by making federally recognized Indian tribes that own land in Iowa eligible for certain economic development programs. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Stewart, Olive, Beall, Danielson, Dotzler, Hatch, Mulder, Rielly, and Schmitz. Nays, 4: Houser, Hahn, Seymour, and Zaun. Absent, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Economic Growth Committee on Senate File 2371, and they were attached to the committee report. HUMAN RESOURCES Bill Title: SENATE FILE 2370* (SSB 3186), a bill for an act relating to promotion of the health care workforce, providing for tax credits, providing appropriations, and providing effective and retroactive applicability dates. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Ragan, Schmitz, Boettger, Bolkcom, Dotzler, Hartsuch, Hatch, Johnson, Kreiman, Mulder, Quirmbach, and Wood. Nays, none. Absent, 1: Seymour. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Human Resources Committee on Senate File 2370, and they were attached to the committee report. JUDICIARY Bill Title: SENATE FILE 2342 (SSB 3239), a bill for an act relating to the time limit on executions of judgments and orders.

508 JOURNAL OF THE SENATE 57th Day

Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Kreiman, Hogg, Dvorsky, Fraise, Hancock, Horn, Quirmbach, Schoenjahn, and Warnstadt. Nays, 4: Behn, Hartsuch, Ward, and Zieman. Absent, 2: McKibben and Noble. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Bill Title: SENATE FILE 2343 (SSB 3204), a bill for an act relating to civil liability for social hosts providing alcoholic beverages to persons under legal age. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Kreiman, Hogg, Behn, Dvorsky, Fraise, Hancock, Hartsuch, Horn, Quirmbach, Schoenjahn, Ward, Warnstadt, and Zieman. Nays, none. Absent, 2: McKibben and Noble. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Bill Title: SENATE FILE 2350 (SSB 3231), a bill for an act relating to trusts and estates including the administration of small estates, and including retroactive and other applicability provisions. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Kreiman, Hogg, Behn, Dvorsky, Fraise, Hancock, Hartsuch, Horn, Quirmbach, Schoenjahn, Ward, Warnstadt, and Zieman. Nays, none. Absent, 2: McKibben and Noble. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Bill Title: SENATE FILE 2353* (SSB 3161), a bill for an act relating to the appointment of certain judicial officers, the retirement of senior judges, and the entry of temporary custody and visitation orders. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Kreiman, Hogg, Behn, Dvorsky, Fraise, Hancock, Hartsuch, Horn, Quirmbach, Schoenjahn, Ward, Warnstadt, and Zieman. Nays, none. Absent, 2: McKibben and Noble. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Judiciary Committee on Senate File 2353, and they were attached to the committee report.

57th Day MONDAY, MARCH 10, 2008 509

ALSO: Bill Title: SENATE FILE 2356* (SSB 3075), a bill for an act relating to the judicial branch including contested and uncontested parking violations, filing civil citations of municipal infractions with the clerk, and records kept by the clerk. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Kreiman, Hogg, Behn, Dvorsky, Fraise, Hartsuch, Horn, Quirmbach, Schoenjahn, Ward, Warnstadt, and Zieman. Nays, 1: Hancock. Absent, 2: McKibben and Noble. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Judiciary Committee on Senate File 2356, and they were attached to the committee report. ALSO: Bill Title: SENATE FILE 2364 (SSB 3209), a bill for an act relating to the emancipation of a minor. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Kreiman, Hogg, Dvorsky, Fraise, Hancock, Horn, Quirmbach, Schoenjahn, Ward, Warnstadt, and Zieman. Nays, 2: Behn and Hartsuch. Absent, 2: McKibben and Noble. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. LABOR AND BUSINESS RELATIONS Bill Title: SENATE FILE 2344 (SSB 3257), a bill for an act relating to the imposition of penalty benefits in workers’ compensation cases. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 7: Dearden, Courtney, Dotzler, Dvorsky, Hatch, Horn, and Seng. Nays, 4: Ward, Behn, Hahn, and Kettering. Absent, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Bill Title: SENATE FILE 2345 (SSB 3255), a bill for an act relating to safe walkways for railroad workers and making penalties applicable. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 7: Dearden, Courtney, Dotzler, Dvorsky, Hatch, Horn, and Seng. Nays, 4: Ward, Behn, Hahn, and Kettering. Absent, none.

510 JOURNAL OF THE SENATE 57th Day

Fiscal Note: REQUIRED UNDER JOINT RULE 17. NATURAL RESOURCES AND ENVIRONMENT Bill Title: SENATE FILE 2360 (SSB 3166), a bill for an act relating to solid waste disposal and environmental management by providing for the designation of environmental management systems, providing incentives, and creating an environmental management systems board. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Black, Hancock, Behn, Bolkcom, Dearden, Hogg, Johnson, Kettering, Lundby, Noble, Ragan, Schoenjahn, Seng, and Wood. Nays, none. Absent, 1: Gaskill. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Bill Title: SENATE FILE 2367 (SSB 3178), a bill for an act relating to the compliance advisory panel, including the appointment of its members and its powers and duties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Black, Hancock, Gaskill, Bolkcom, Dearden, Hogg, Johnson, Kettering, Lundby, Noble, Ragan, Schoenjahn, Seng, and Wood. Nays, none. Absent, 1: Behn. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Bill Title: SENATE FILE 2355* (formerly SF 2188), a bill for an act providing time off from work to attend presidential precinct caucuses and making penalties applicable. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Connolly, Horn, Black, Danielson, Hatch, Kettering, Kibbie, Schmitz, and Wood. Nays, 3: Zieman, Behn, and Hahn. Absent, 3: Appel, Gaskill, and McKibben. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Natural Resources and Environment Committee on Senate File 2355, and they were attached to the committee report. ALSO: Bill Title: SENATE FILE 2359 (formerly SF 2235), a bill for an act concerning fine arts projects in state buildings.

57th Day MONDAY, MARCH 10, 2008 511

Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Connolly, Horn, Appel, Black, Danielson, Hatch, Kibbie, Schmitz, and Wood. Nays, 5: Zieman, Behn, Hahn, Kettering, and McKibben. Absent, 1: Gaskill. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Bill Title: SENATE FILE 2361 (formerly SF 2272), a bill for an act providing for the procurement of designated biobased products by state government. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Connolly, Horn, Zieman, Appel, Behn, Black, Danielson, Hahn, Hatch, Kettering, Kibbie, McKibben, Schmitz, and Wood. Nays, none. Absent, 1: Gaskill. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Bill Title: SENATE FILE 2365 (formerly SF 2243), a bill for an act relating to binding international trade agreements by providing for the consent of the general assembly and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Connolly, Horn, Appel, Black, Danielson, Hatch, Kibbie, Schmitz, and Wood. Nays, 5: Zieman, Behn, Hahn, Kettering, and McKibben. Absent, 1: Gaskill. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Bill Title: SENATE FILE 2368* (formerly SF 2062), a bill for an act concerning persons voluntarily excluded from gambling facilities. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Connolly, Horn, Zieman, Appel, Behn, Black, Danielson, Hahn, Hatch, Kettering, Kibbie, McKibben, Schmitz, and Wood. Nays, none. Absent, 1: Gaskill. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the State Government Committee on Senate File 2368, and they were attached to the committee report.

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ALSO: Bill Title: SENATE FILE 2373* (SSB 3244), a bill for an act relating to public retirement systems and other employee benefit-related matters, including the public safety peace officers’ retirement, accident, and disability system, the Iowa public employees’ retirement system, the statewide fire and police retirement system, and the judicial retirement system, including an implementation provision, and providing effective and retroactive applicability dates. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 8: Connolly, Horn, Black, Danielson, Hatch, Kibbie, Schmitz, and Wood. Nays, 5: Zieman, Behn, Hahn, Kettering, and McKibben. Present, 1: Appel. Absent, 1: Gaskill. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the State Government Committee on Senate File 2373, and they were attached to the committee report. TRANSPORTATION Bill Title: SENATE FILE 2366 (formerly SF 2245), a bill for an act providing for county grants from the revitalize Iowa’s sound economy (RISE) fund for secondary road repair projects prior to statewide touring events. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 7: Rielly, Danielson, Beall, Dearden, Hancock, Heckroth, and Warnstadt. Nays, 6: Noble, Houser, McCoy, Putney, Zaun, and Zieman. Absent, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. VETERANS AFFAIRS Bill Title: SENATE FILE 2352* (SSB 3202), a bill for an act concerning the definition of veteran. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Beall, Warnstadt, Seymour, Black, Danielson, Hartsuch, Horn, Kibbie, and Ragan. Nays, none. Absent, 2: McKibben and McKinley. Fiscal Note: REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Veterans Affairs Committee on Senate File 2352, and they were attached to the committee report.

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ALSO: Bill Title: SENATE FILE 2354* (formerly SF 2224), a bill for an act concerning the home ownership assistance program for members of the military. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Beall, Warnstadt, Seymour, Black, Danielson, Hartsuch, Horn, Kibbie, and Ragan. Nays, none. Absent, 2: McKibben and McKinley. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Veterans Affairs Committee on Senate File 2354, and they were attached to the committee report. ALSO: Bill Title: SENATE FILE 2358 (formerly SF 2253), a bill for an act establishing an educational assistance stipend for eligible veterans and providing an appropriation. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Beall, Warnstadt, Seymour, Black, Danielson, Hartsuch, Horn, Kibbie, McKibben, McKinley, and Ragan. Nays, none. Absent, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

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AFTERNOON SESSION The Senate reconvened at 4:00 p.m., President Kibbie presiding.

CONSIDERATION OF BILL (Regular Calendar)

Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 2318. Senate File 2318 On motion of Senator Danielson, Senate File 2318, a bill for an act concerning veterans, including expenditures from the veterans trust fund and authorization of lottery games for veterans, placed on the Unfinished Business Calendar on March 6, 2008, was taken up for consideration. Senator Danielson offered amendment S–5047, filed by him from the floor to page 1 of the bill, and moved its adoption. Amendment S–5047 was adopted by a voice vote. Senator Danielson asked and received unanimous consent that House File 2359 be substituted for Senate File 2318. House File 2359 On motion of Senator Danielson, House File 2359, a bill for an act concerning veterans, including expenditures from the veterans trust fund and authorization of lottery games for veterans, was taken up for consideration. Senator Angelo offered amendment S–5054, filed by him from the floor to page 1 and to the title page of the bill. Senator Gronstal raised the point of order that amendment S–5054 was not germane to the bill. The Chair ruled the point well-taken and amendment S–5054 out of order.

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Senator Danielson 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. 2359), the vote was: Yeas, 42: Appel Fraise Kreiman Schoenjahn Beall Gronstal Lundby Seng Black Hahn McCoy Seymour Boettger Hancock McKibben Stewart Bolkcom Hatch McKinley Ward Connolly Heckroth Noble Warnstadt Courtney Hogg Olive Wieck Danielson Horn Putney Wood Dearden Houser Ragan Zaun Dotzler Kettering Rielly Dvorsky Kibbie Schmitz Nays, 7: Angelo Hartsuch Mulder Zieman Behn Johnson Quirmbach Absent, 1: Gaskill The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.

WITHDRAWN Senator Danielson asked and received unanimous consent that Senate File 2318 be withdrawn from further consideration of the Senate.

CONSIDERATION OF BILL (Appropriations Calendar)

Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 2286.

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Senate File 2286 On motion of Senator Hatch, Senate File 2286, a bill for an act appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated, was taken up for consideration. Senator Hatch 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. 2286), the vote was: Yeas, 49: Angelo Fraise Kreiman Schoenjahn Appel Gronstal Lundby Seng Beall Hahn McCoy Seymour Behn Hancock McKibben Stewart Black Hartsuch McKinley Ward Boettger Hatch Mulder Warnstadt Bolkcom Heckroth Noble Wieck Connolly Hogg Olive Wood Courtney Horn Putney Zaun Danielson Houser Quirmbach Zieman Dearden Johnson Ragan Dotzler Kettering Rielly Dvorsky Kibbie Schmitz Nays, none. Absent, 1: Gaskill The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.

CONSIDERATION OF BILL (Regular Calendar)

Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 2282.

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Senate File 2282 On motion of Senator Schoenjahn, Senate File 2282, a bill for an act relating to the elimination of reporting or data collection requirements related to the department of education, was taken up for consideration. Senator McKinley offered amendment S–5053, 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–5053 be adopted?” (S.F. 2282), the vote was: Yeas, 21: Angelo Hartsuch McKinley Wieck Behn Houser Mulder Zaun Boettger Johnson Noble Zieman Bolkcom Kettering Putney Connolly Lundby Seymour Hahn McKibben Ward Nays, 28: Appel Dvorsky Horn Rielly Beall Fraise Kibbie Schmitz Black Gronstal Kreiman Schoenjahn Courtney Hancock McCoy Seng Danielson Hatch Olive Stewart Dearden Heckroth Quirmbach Warnstadt Dotzler Hogg Ragan Wood Absent, 1: Gaskill Amendment S–5053 lost. Senator Boettger offered amendment S–5049, filed by her from the floor to page 2 of the bill, and moved its adoption.

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A record roll call was requested. On the question “Shall amendment S–5049 be adopted?” (S.F. 2282), the vote was: Yeas, 19: Angelo Houser McKinley Ward Behn Johnson Mulder Wieck Boettger Kettering Noble Zaun Hahn Lundby Putney Zieman Hartsuch McKibben Seymour Nays, 30: Appel Dotzler Horn Schmitz Beall Dvorsky Kibbie Schoenjahn Black Fraise Kreiman Seng Bolkcom Gronstal McCoy Stewart Connolly Hancock Olive Warnstadt Courtney Hatch Quirmbach Wood Danielson Heckroth Ragan Dearden Hogg Rielly Absent, 1: Gaskill Amendment S–5049 lost. Senator Schoenjahn 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. 2282), the vote was: Yeas, 32: Appel Dotzler Horn Ragan Beall Dvorsky Kibbie Rielly Black Fraise Kreiman Schmitz Bolkcom Gronstal Lundby Schoenjahn Connolly Hancock McCoy Seng Courtney Hatch Mulder Stewart Danielson Heckroth Olive Warnstadt Dearden Hogg Quirmbach Wood

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Nays, 17: Angelo Houser Noble Zaun Behn Johnson Putney Zieman Boettger Kettering Seymour Hahn McKibben Ward Hartsuch McKinley Wieck Absent, 1: Gaskill 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 Files 2282 and 2286 and House File 2359 be immediately messaged to the House.

CONSIDERATION OF BILLS (Regular Calendar)

Senator Gronstal asked and received unanimous consent to take up for consideration Senate Files 2281, 2276, and 2263. Senate File 2281 On motion of Senator Hogg, Senate File 2281, a bill for an act prohibiting employment discrimination against an employee witness in certain civil proceedings, was taken up for consideration. Senator Hogg offered amendment S–5044, filed by him on March 4, 2008, to page 1 of the bill, and moved its adoption. Amendment S–5044 was adopted by a voice vote. 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.

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On the question “Shall the bill pass?” (S.F. 2281), the vote was: Yeas, 49: Angelo Fraise Kreiman Schoenjahn Appel Gronstal Lundby Seng Beall Hahn McCoy Seymour Behn Hancock McKibben Stewart Black Hartsuch McKinley Ward Boettger Hatch Mulder Warnstadt Bolkcom Heckroth Noble Wieck Connolly Hogg Olive Wood Courtney Horn Putney Zaun Danielson Houser Quirmbach Zieman Dearden Johnson Ragan Dotzler Kettering Rielly Dvorsky Kibbie Schmitz Nays, none. Absent, 1: Gaskill The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2276 On motion of Senator Hogg, Senate File 2276, a bill for an act relating to the disposal of solid waste by changing permitting requirements and updating and clarifying existing provisions, 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. 2276), the vote was: Yeas, 49: Angelo Fraise Kreiman Schoenjahn Appel Gronstal Lundby Seng Beall Hahn McCoy Seymour Behn Hancock McKibben Stewart Black Hartsuch McKinley Ward Boettger Hatch Mulder Warnstadt

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Bolkcom Heckroth Noble Wieck Connolly Hogg Olive Wood Courtney Horn Putney Zaun Danielson Houser Quirmbach Zieman Dearden Johnson Ragan Dotzler Kettering Rielly Dvorsky Kibbie Schmitz Nays, none. Absent, 1: Gaskill The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2263 On motion of Senator Putney, Senate File 2263, a bill for an act providing increased penalties for speeding violations committed by a motor vehicle operator in a road work zone, was taken up for consideration. Senator Putney 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. 2263), the vote was: Yeas, 49: Angelo Fraise Kreiman Schoenjahn Appel Gronstal Lundby Seng Beall Hahn McCoy Seymour Behn Hancock McKibben Stewart Black Hartsuch McKinley Ward Boettger Hatch Mulder Warnstadt Bolkcom Heckroth Noble Wieck Connolly Hogg Olive Wood Courtney Horn Putney Zaun Danielson Houser Quirmbach Zieman Dearden Johnson Ragan Dotzler Kettering Rielly Dvorsky Kibbie Schmitz

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Nays, none. Absent, 1: Gaskill The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.

BUSINESS PENDING Senate File 2123 The Senate resumed consideration of Senate File 2123, a bill for an act updating the Code references to the Internal Revenue Code and including effective date and retroactive applicability date provisions, and House amendment S–5040, previously deferred. Senator McKibben offered amendment S–5058, filed by Senator McKibben, et al., from the floor to page 1 of amendment S–5040. Senator Appel raised the point of order that amendment S–5058 was not germane to the bill. The Chair ruled the point not well-taken and amendment S–5058 in order. Senator McKibben moved the adoption of amendment S–5058 to amendment S–5040. A record roll call was requested. On the question “Shall amendment S–5058 be adopted?” (S.F. 2123), the vote was: Yeas, 22: Angelo Houser Mulder Wieck Behn Johnson Noble Wood Boettger Kettering Putney Zaun Hahn Lundby Rielly Zieman Hancock McKibben Seymour Hartsuch McKinley Ward

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Nays, 27: Appel Dearden Hogg Ragan Beall Dotzler Horn Schmitz Black Dvorsky Kibbie Schoenjahn Bolkcom Fraise Kreiman Seng Connolly Gronstal McCoy Stewart Courtney Hatch Olive Warnstadt Danielson Heckroth Quirmbach Absent, 1: Gaskill Amendment S–5058 lost. Senator Zieman offered amendment S–5056, filed by Senator Zieman, et al., from the floor to page 1 and to the title provisions of amendment S–5040. Senator Appel raised the point of order that amendment S–5056 was not germane to the bill. The Chair ruled the point well-taken and amendment S–5056 out of order. Senator Zieman withdrew amendment S–5057, filed by Senator Zieman, et al., from the floor to page 1 and to the title provisions of amendment S–5040. Senator Zieman asked and received unanimous consent that action on House amendment S–5040 and Senate File 2123 be deferred.

IMMEDIATELY MESSAGED Senator Gronstal asked and received unanimous consent that Senate Files 2263, 2276, and 2281 be immediately messaged to the House.

CONSIDERATION OF BILLS (Regular Calendar)

Senator Gronstal asked and received unanimous consent to take up for consideration Senate Files 2249, 2230, 2060, and 2261.

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Senate File 2249 On motion of Senator Beall, Senate File 2249, a bill for an act relating to certain local hotel and motel tax elections, was taken up for consideration. Senator Beall 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. 2249), the vote was: Yeas, 48: Angelo Dvorsky Kettering Rielly Appel Fraise 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, 1: Kreiman Absent, 1: Gaskill The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2230 On motion of Senator Dearden, Senate File 2230, a bill for an act authorizing the issuance of special nonresident turkey and deer hunting licenses to certain persons who have severe physical disabilities or a terminal illness, was taken up for consideration.

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Senator Johnson offered amendment S–5017, filed by him on February 26, 2008, to page 1 of the bill, and moved its adoption. Amendment S–5017 was adopted by a voice vote. Senator Johnson offered amendment S–5055, filed by him from the floor to page 1 of the bill, and moved its adoption. Amendment S–5055 was adopted by a voice vote. Senator Dearden 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. 2230), the vote was: Yeas, 49: Angelo Fraise Kreiman Schoenjahn Appel Gronstal Lundby Seng Beall Hahn McCoy Seymour Behn Hancock McKibben Stewart Black Hartsuch McKinley Ward Boettger Hatch Mulder Warnstadt Bolkcom Heckroth Noble Wieck Connolly Hogg Olive Wood Courtney Horn Putney Zaun Danielson Houser Quirmbach Zieman Dearden Johnson Ragan Dotzler Kettering Rielly Dvorsky Kibbie Schmitz Nays, none. Absent, 1: Gaskill The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2060 On motion of Senator Schmitz, Senate File 2060, a bill for an act relating to the practice of pharmacy, including provisions governing tech-check-tech programs and specifying applicable penalty

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provisions, placed on the Unfinished Business Calendar on March 6, 2008, was taken up for consideration. Senator Schmitz asked and received unanimous consent that House File 2166 be substituted for Senate File 2060. House File 2166 On motion of Senator Schmitz, House File 2166, a bill for an act relating to the practice of pharmacy, including provisions governing tech-check-tech programs and specifying applicable penalty provisions, was taken up for consideration. Senator Schmitz 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. 2166), the vote was: Yeas, 49: Angelo Fraise Kreiman Schoenjahn Appel Gronstal Lundby Seng Beall Hahn McCoy Seymour Behn Hancock McKibben Stewart Black Hartsuch McKinley Ward Boettger Hatch Mulder Warnstadt Bolkcom Heckroth Noble Wieck Connolly Hogg Olive Wood Courtney Horn Putney Zaun Danielson Houser Quirmbach Zieman Dearden Johnson Ragan Dotzler Kettering Rielly Dvorsky Kibbie Schmitz Nays, none. Absent, 1: Gaskill The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.

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WITHDRAWN Senator Schmitz asked and received unanimous consent that Senate File 2060 be withdrawn from further consideration of the Senate. Senate File 2261 On motion of Senator Beall, Senate File 2261, a bill for an act relating to requirements for operation of a motor vehicle in merging traffic and providing a penalty, was taken up for consideration. Senator Beall 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. 2261), the vote was: Yeas, 27: Appel Dearden Heckroth Rielly Beall Dotzler Hogg Schmitz Black Dvorsky Horn Schoenjahn Bolkcom Fraise Kibbie Stewart Connolly Gronstal Lundby Warnstadt Courtney Hancock Quirmbach Wood Danielson Hatch Ragan Nays, 22: Angelo Johnson Mulder Ward Behn Kettering Noble Wieck Boettger Kreiman Olive Zaun Hahn McCoy Putney Zieman Hartsuch McKibben Seng Houser McKinley Seymour Absent, 1: Gaskill The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.

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IMMEDIATELY MESSAGED Senator Gronstal asked and received unanimous consent that Senate Files 2230, 2249, and 2261 and House File 2166 be immediately messaged to the House. The Senate stood at ease at 6:00 p.m. until the fall of the gavel for the purpose of a Republican party caucus. The Senate resumed session at 6:23 p.m., President Kibbie presiding.

LEAVE OF ABSENCE Leave of absence was granted as follows: 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 2269, 2316, 2262, 2266, and 2305. Senate File 2269 On motion of Senator Hatch, Senate File 2269, a bill for an act revising family investment program requirements for limited benefit plans, was taken up for consideration. Senator Hatch 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. 2269), the vote was: Yeas, 48: Angelo Fraise Kibbie Rielly Appel Gronstal Kreiman Schmitz Beall Hahn Lundby Schoenjahn Behn Hancock McCoy Seng Black Hartsuch McKibben Seymour Boettger Hatch McKinley Stewart

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Bolkcom Heckroth Mulder Ward Connolly Hogg Noble Warnstadt Danielson Horn Olive Wieck Dearden Houser Putney Wood Dotzler Johnson Quirmbach Zaun Dvorsky Kettering Ragan Zieman Nays, none. Absent, 2: Courtney Gaskill The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2316 On motion of Senator Fraise, Senate File 2316, a bill for an act creating the Iowa uniform prudent management of institutional funds Act and including an applicability provision, was taken up for consideration. Senator Fraise 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. 2316), the vote was: Yeas, 48: Angelo Fraise Kibbie Rielly Appel Gronstal Kreiman Schmitz Beall Hahn Lundby Schoenjahn Behn Hancock McCoy Seng Black Hartsuch McKibben Seymour Boettger Hatch McKinley Stewart Bolkcom Heckroth Mulder Ward Connolly Hogg Noble Warnstadt Danielson Horn Olive Wieck Dearden Houser Putney Wood Dotzler Johnson Quirmbach Zaun Dvorsky Kettering Ragan Zieman Nays, none. Absent, 2: Courtney Gaskill

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The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2262 On motion of Senator Schmitz, Senate File 2262, a bill for an act relating to child care and family support subsidy services regulated or administered by the department of human services, was taken up for consideration. Senator Schmitz 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. 2262), the vote was: Yeas, 48: Angelo Fraise Kibbie Rielly Appel Gronstal Kreiman Schmitz Beall Hahn Lundby Schoenjahn Behn Hancock McCoy Seng Black Hartsuch McKibben Seymour Boettger Hatch McKinley Stewart Bolkcom Heckroth Mulder Ward Connolly Hogg Noble Warnstadt Danielson Horn Olive Wieck Dearden Houser Putney Wood Dotzler Johnson Quirmbach Zaun Dvorsky Kettering Ragan Zieman Nays, none. Absent, 2: Courtney Gaskill The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2266 On motion of Senator Quirmbach, Senate File 2266, a bill for an act requiring a preliminary investigation to be conducted by the county medical examiner in the event of the death of a resident of

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certain state facilities administered by the department of human services, was taken up for consideration. Senator Quirmbach 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. 2266), the vote was: Yeas, 49: Angelo Fraise Kreiman Schoenjahn Appel Gronstal Lundby Seng Beall Hahn McCoy Seymour Behn Hancock McKibben Stewart Black Hartsuch McKinley Ward Boettger Hatch Mulder Warnstadt Bolkcom Heckroth Noble Wieck Connolly Hogg Olive Wood Courtney Horn Putney Zaun Danielson Houser Quirmbach Zieman Dearden Johnson Ragan Dotzler Kettering Rielly Dvorsky Kibbie Schmitz Nays, none. Absent, 1: Gaskill The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2305 On motion of Senator Rielly, Senate File 2305, a bill for an act relating to county officers by authorizing reimbursement of certain expenses, making changes to fees charged by the county recorder, information required to be endorsed on certain recorded documents and instruments, and standards for indexes maintained by the county recorder, was taken up for consideration. Senator Rielly offered amendment S–5060, filed by him from the floor to page 1 of the bill, and moved its adoption. Amendment S–5060 was adopted by a voice vote.

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Senator Rielly 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. 2305), the vote was: Yeas, 49: Angelo Fraise Kreiman Schoenjahn Appel Gronstal Lundby Seng Beall Hahn McCoy Seymour Behn Hancock McKibben Stewart Black Hartsuch McKinley Ward Boettger Hatch Mulder Warnstadt Bolkcom Heckroth Noble Wieck Connolly Hogg Olive Wood Courtney Horn Putney Zaun Danielson Houser Quirmbach Zieman Dearden Johnson Ragan Dotzler Kettering Rielly Dvorsky Kibbie Schmitz Nays, none. Absent, 1: Gaskill 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 Files 2262, 2266, 2269, 2305, and 2316 be immediately messaged to the House. The Senate stood at ease at 6:43 p.m. until the fall of the gavel for the purpose of a Republican party caucus. The Senate resumed session at 6:50 p.m., President Kibbie presiding.

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CONSIDERATION OF BILL (Regular Calendar)

Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 2248. Senate File 2248 On motion of Senator Warnstadt, Senate File 2248, a bill for an act modifying provisions relating to the application for a certificate of franchise authority applicable to the provision of cable or video services by an existing provider, was taken up for consideration. Senator Warnstadt 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. 2248), the vote was: Yeas, 49: Angelo Fraise Kreiman Schoenjahn Appel Gronstal Lundby Seng Beall Hahn McCoy Seymour Behn Hancock McKibben Stewart Black Hartsuch McKinley Ward Boettger Hatch Mulder Warnstadt Bolkcom Heckroth Noble Wieck Connolly Hogg Olive Wood Courtney Horn Putney Zaun Danielson Houser Quirmbach Zieman Dearden Johnson Ragan Dotzler Kettering Rielly Dvorsky Kibbie Schmitz Nays, none. Absent, 1: Gaskill The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.

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IMMEDIATELY MESSAGED Senator Gronstal asked and received unanimous consent that Senate File 2248 be immediately messaged to the House. The Senate stood at ease at 6:55 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 8:30 p.m., President Kibbie presiding.

QUORUM CALL Senator Dotzler requested a nonrecord roll call to determine that a quorum was present. The vote revealed 41 present, 9 absent, and a quorum present.

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 March 10, 2008, passed the following bills in which the concurrence of the Senate is asked: House File 2119, a bill for an act relating to taking the fingerprints of a child by a governmental unit. Read first time under Rule 28 and referred to committee on Judiciary. House File 2265, a bill for an act relating to the sale of a pseudoephedrine product by a pharmacy or retailer, and providing penalties and contingent applicability. Read first time under Rule 28 and referred to committee on Judiciary. House File 2268, a bill for an act making specified revisions to the consumer credit code to conform to federal statutory updates and

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prohibit the transfer of ownership of a motor vehicle pursuant to a consumer rental purchase agreement. Read first time and attached to companion Senate File 2109. House File 2283, a bill for an act concerning eligibility for receiving a Vietnam Conflict veterans bonus for a certain period of active duty military service, providing a penalty, and including an effective date and retroactive applicability provision. Read first time under Rule 28 and referred to committee on Veterans Affairs. House File 2287, a bill for an act increasing the penalties that may be imposed by courts-martial under the Iowa code of military justice. Read first time and attached to companion Senate File 2175. House File 2338, a bill for an act relating to attendance at child in need of assistance proceedings. Read first time under Rule 28 and referred to committee on Judiciary. House File 2366, a bill for an act designating peace officer communication equipment and other emergency services communication equipment as an essential county purpose and as an essential corporate purpose that authorizes the issuance of general obligation bonds and providing an effective date. Read first time and attached to companion Senate File 2153.

LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Houser and Lundby, until they return, on request of Senator Wieck.

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CONSIDERATION OF BILLS (Regular Calendar)

Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 2162 and House Files 2194 and 2165. Senate File 2162 On motion of Senator Rielly, Senate File 2162, a bill for an act relating to technical matters concerning the regulation of motor vehicles by the department of transportation and providing an effective date, placed on the Unfinished Business Calendar on March 6, 2008, was taken up for consideration. Senator Noble withdrew amendment S–5015, filed by him on February 26, 2008, to page 12 of the bill. Senator Rielly asked and received unanimous consent that House File 2213 be substituted for Senate File 2162. House File 2213 On motion of Senator Rielly, House File 2213, a bill for an act relating to technical matters concerning the regulation of motor vehicles by the department of transportation and providing an effective date, was taken up for consideration. Senator Rielly 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. 2213), the vote was: Yeas, 47: Angelo Dvorsky Kibbie Schmitz Appel Fraise Kreiman Schoenjahn Beall Gronstal McCoy Seng Behn Hahn McKibben Seymour Black Hancock McKinley Stewart Boettger Hartsuch Mulder Ward Bolkcom Hatch Noble Warnstadt Connolly Heckroth Olive Wieck Courtney Hogg Putney Wood

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Danielson Horn Quirmbach Zaun Dearden Johnson Ragan Zieman Dotzler Kettering Rielly Nays, none. Absent, 3: Gaskill Houser Lundby The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.

WITHDRAWN Senator Rielly asked and received unanimous consent that Senate File 2162 be withdrawn from further consideration of the Senate. House File 2194 On motion of Senator Ward, House File 2194, a bill for an act relating to exemptions to state minimum wage requirements, placed on the Unfinished Business Calendar on March 6, 2008, with report of committee recommending passage, was taken up for consideration. Senator Ward 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. 2194), the vote was: Yeas, 47: Angelo Dvorsky Kibbie Schmitz Appel Fraise Kreiman Schoenjahn Beall Gronstal McCoy Seng Behn Hahn McKibben Seymour Black Hancock McKinley Stewart Boettger Hartsuch Mulder Ward Bolkcom Hatch Noble Warnstadt Connolly Heckroth Olive Wieck Courtney Hogg Putney Wood Danielson Horn Quirmbach Zaun Dearden Johnson Ragan Zieman Dotzler Kettering Rielly Nays, none.

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Absent, 3: Gaskill Houser Lundby The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. House File 2165 On motion of Senator Hogg, House File 2165, a bill for an act relating to business corporations, by providing for distributions and business opportunities, placed on the Unfinished Business Calendar on March 6, 2008, with report of committee recommending passage, 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?” (H.F. 2165), the vote was: Yeas, 47: Angelo Dvorsky Kibbie Schmitz Appel Fraise Kreiman Schoenjahn Beall Gronstal McCoy Seng Behn Hahn McKibben Seymour Black Hancock McKinley Stewart Boettger Hartsuch Mulder Ward Bolkcom Hatch Noble Warnstadt Connolly Heckroth Olive Wieck Courtney Hogg Putney Wood Danielson Horn Quirmbach Zaun Dearden Johnson Ragan Zieman Dotzler Kettering Rielly Nays, none. Absent, 3: Gaskill Houser Lundby The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.

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IMMEDIATELY MESSAGED Senator Gronstal asked and received unanimous consent that House Files 2165, 2194, and 2213 be immediately messaged to the House. The Senate stood at ease at 8:55 p.m. until the fall of the gavel for the purpose of a Republican party caucus. The Senate resumed session at 9:17 p.m., President Kibbie presiding.

CONSIDERATION OF BILL (Regular Calendar)

Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 2337. Senate File 2337 On motion of Senator Rielly, Senate File 2337, a bill for an act relating to the purchase of liability insurance by the association of Iowa fairs, was taken up for consideration. Senator Rielly 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. 2337), the vote was: Yeas, 47: Angelo Dvorsky Kibbie Schmitz Appel Fraise Kreiman Schoenjahn Beall Gronstal McCoy Seng Behn Hahn McKibben Seymour Black Hancock McKinley Stewart Boettger Hartsuch Mulder Ward Bolkcom Hatch Noble Warnstadt Connolly Heckroth Olive Wieck Courtney Hogg Putney Wood Danielson Horn Quirmbach Zaun

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Dearden Johnson Ragan Zieman Dotzler Kettering Rielly Nays, none. Absent, 3: Gaskill Houser Lundby 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 249 Senator Kreiman called up for consideration Senate File 249, a bill for an act relating to the conference of eligibility on and conditions of eligibility for individuals for certain programs under the purview of the department of human services, amended by the House in House amendment S–5033, filed February 27, 2008. Senator Kreiman 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 Kreiman 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. 249), the vote was: Yeas, 47: Angelo Dvorsky Kibbie Schmitz Appel Fraise Kreiman Schoenjahn Beall Gronstal McCoy Seng Behn Hahn McKibben Seymour Black Hancock McKinley Stewart Boettger Hartsuch Mulder Ward Bolkcom Hatch Noble Warnstadt Connolly Heckroth Olive Wieck

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Courtney Hogg Putney Wood Danielson Horn Quirmbach Zaun Dearden Johnson Ragan Zieman Dotzler Kettering Rielly Nays, none. Absent, 3: Gaskill Houser Lundby The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. President Pro Tempore Danielson took the chair at 9:25 p.m.

CONSIDERATION OF BILL (Regular Calendar)

Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 2198. Senate File 2198 On motion of Senator Ragan, Senate File 2198, a bill for an act relating to the appointment of the membership of the Brushy creek recreation area trails advisory board, was taken up for consideration. Senator Ragan 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. 2198), the vote was: Yeas, 47: Angelo Dvorsky Kibbie Schmitz Appel Fraise Kreiman Schoenjahn Beall Gronstal McCoy Seng Behn Hahn McKibben Seymour Black Hancock McKinley Stewart Boettger Hartsuch Mulder Ward Bolkcom Hatch Noble Warnstadt Connolly Heckroth Olive Wieck Courtney Hogg Putney Wood Danielson Horn Quirmbach Zaun

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Dearden Johnson Ragan Zieman Dotzler Kettering Rielly Nays, none. Absent, 3: Gaskill Houser Lundby The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.

CONSIDERATION OF RESOLUTION (Regular Calendar)

Senator Gronstal asked and received unanimous consent to take up for consideration Senate Concurrent Resolution 102.

Senate Concurrent Resolution 102 On motion of President Kibbie, Senate Concurrent Resolution 102, a concurrent resolution urging the United States Environmental Protection Agency to take all actions necessary to provide American consumers with the opportunity to use higher ethanol blended gasoline for general use in conventional engines, with report of committee recommending passage, was taken up for consideration. President Kibbie moved the adoption of Senate Concurrent Resolution 102, which motion prevailed by a voice vote.

CONSIDERATION OF BILL (Regular Calendar)

Senator Gronstal asked and received unanimous consent to take up for consideration Senate File 2304. Senate File 2304 On motion of Senator Hatch, Senate File 2304, a bill for an act relating to the boiler and pressure vessel safety and elevator safety revolving funds under the control of the labor commissioner, was taken up for consideration.

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Senator Hatch 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. 2304), the vote was: Yeas, 47: Angelo Dvorsky Kibbie Schmitz Appel Fraise Kreiman Schoenjahn Beall Gronstal McCoy Seng Behn Hahn McKibben Seymour Black Hancock McKinley Stewart Boettger Hartsuch Mulder Ward Bolkcom Hatch Noble Warnstadt Connolly Heckroth Olive Wieck Courtney Hogg Putney Wood Danielson Horn Quirmbach Zaun Dearden Johnson Ragan Zieman Dotzler Kettering Rielly Nays, none. Absent, 3: Gaskill Houser Lundby 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 Concurrent Resolution 102 and Senate Files 249, 2198, 2304, and 2337 be immediately messaged to the House.

BUSINESS PENDING Senate File 2123 The Senate resumed consideration of Senate File 2123, a bill for an act updating the Code references to the Internal Revenue Code and including effective date and retroactive applicability date provisions, and House amendment S–5040, previously deferred.

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President Kibbie took the chair at 9:43 p.m. Senator Johnson withdrew amendment S–5066, filed by him from the floor to page 1 of amendment S–5040. Senator Behn offered amendment S–5068, filed by him from the floor to page 1 of amendment S–5040. Senator Appel raised the point of order that amendment S–5068 was not germane to the bill. The Chair ruled the point well-taken and amendment S–5068 out of order. Senator Zieman offered amendment S–5063, filed by him from the floor to page 1 of amendment S–5040 of the bill. Senator Appel raised the point of order that amendment S–5063 was not germane to the bill. The Chair ruled the point well-taken and amendment S–5063 out of order. Senator Zieman withdrew amendment S–5064, filed by him from the floor to page 1 of amendment S–5040. Senator Zieman withdrew amendment S–5065, filed by him from the floor to page 1 of amendment S–5040. Senator Angelo offered amendment S–5067, filed by him from the floor to page 1 of amendment S–5040. Senator Appel raised the point of order that amendment S–5067 was not germane to the bill. The Chair ruled the point well-taken and amendment S–5067 out of order. Senator Appel moved that the Senate concur in the House amendment.

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The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Appel 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. 2123), the vote was: Yeas, 47: Angelo Dvorsky Kibbie Schmitz Appel Fraise Kreiman Schoenjahn Beall Gronstal McCoy Seng Behn Hahn McKibben Seymour Black Hancock McKinley Stewart Boettger Hartsuch Mulder Ward Bolkcom Hatch Noble Warnstadt Connolly Heckroth Olive Wieck Courtney Hogg Putney Wood Danielson Horn Quirmbach Zaun Dearden Johnson Ragan Zieman Dotzler Kettering Rielly Nays, none. Absent, 3: Gaskill Houser Lundby 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 2123 be immediately messaged to the House.

ADJOURNMENT On motion of Senator Gronstal, the Senate adjourned at 10:05 p.m. until 8:45 a.m., Tuesday, March 11, 2008.

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APPENDIX—2

CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Jake Bradfield, Sibley—For achieving the rank of Eagle Scout, Boy Scout Troop 174. Senator Johnson (3/10/08). Tyler Hoekstra, Ocheyedan—For achieving the rank of Eagle Scout, Boy Scout Troop 174. Senator Johnson (3/10/08). Faye Huibregtse, Sanborn—For celebrating her 100th birthday. Senator Johnson (3/10/08). Coach Jim Eekhoff and the Western Christian Wolfpack—For winning the 2A State Basketball Championship. Senator Mulder (3/10/08).

EXPLANATION OF VOTES MR. PRESIDENT: I was necessarily absent from the Senate chamber on March 10, 2008, when the votes were taken on Senate Files 2262, 2269, and 2316. Had I been present, I would have voted “Yea” on all.

THOMAS G. COURTNEY

REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: March 6, 2008, 11:25 a.m. Members Present: Fraise, Chair; Rielly, Vice Chair; Johnson, Ranking Member; Appel, Black, Boettger, Courtney, Gaskill, Hancock, Houser, Kibbie, Mulder, Olive, Putney, and Seng. Members Absent: None. Committee Business: Passed SFs 2234 and 2017. Approved SSBs 3198, 3258, and 3259. Recessed: 11:30 a.m. Reconvened: 11:45 a.m. Adjourned: 12:35 p.m.

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NATURAL RESOURCES AND ENVIRONMENT Convened: March 10, 2008, 2:45 p.m. Members Present: Black, Chair; Hancock, Vice Chair; Behn, Bolkcom, Dearden, Hogg, Johnson, Kettering, Noble, Ragan, Schoenjahn, Seng, and Wood. Members Absent: Gaskill, Ranking Member; and Lundby (both excused). Committee Business: Presentation by Kenneth Cook of the Environmental Working Group. Adjourned: 3:40 p.m.

INTRODUCTION OF RESOLUTION Senate Joint Resolution 2002, by committee on Natural Resources and Environment, a joint resolution proposing an amendment to the Constitution of the State of Iowa to dedicate a portion of state revenue from the tax imposed on certain retail sales of tangible personal property and services for the benefit of the state’s natural resources. Read first time under Rule 28 and placed on calendar.

INTRODUCTION OF BILLS Senate File 2374, by committee on Transportation, a bill for an act relating to policies for the administration of highways and the regulation of motor vehicles by the department of transportation and to deposits made by a county to the secondary road fund, including matters concerning the bid threshold for emergency highway repairs, the fee for replacement of special dealer registration plates, antique motor vehicle registration fees, used motor vehicle dealer education requirements, disqualification from operating a commercial motor vehicle, an exemption from the civil penalty imposed for certain driver’s license sanctions, access to persons with disabilities parking spaces for certain disabled veterans, and permits and fees for the movement of certain oversize or overweight vehicles, drinking driver courses offered at state correctional facilities, and providing an effective date. Read first time under Rule 28 and placed on calendar.

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Senate File 2375, by committee on Natural Resources and Environment, a bill for an act relating to alternative energy system tax credits under the individual and corporate income taxes for the installation of alternative energy systems and including a retroactive applicability date provision. Read first time under Rule 28 and placed on calendar. Senate File 2376, by Zieman, a bill for an act exempting from the sales and use taxes certain materials used by body shops in furnishing vehicle repair services. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 2377, by committee on Labor and Business Relations, a bill for an act relating to unemployment insurance benefits and compliance with federal law and including effective date and applicability provisions. Read first time under Rule 28 and placed on calendar. Senate File 2378, by committee on State Government, a bill for an act relating to open records and public meetings and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 2379, by committee on State Government, a bill for an act relating to the regulation of the practice of certified public accounting and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 2380, by committee on Natural Resources and Environment, a bill for an act establishing a low head dam public hazard program. Read first time under Rule 28 and placed on calendar.

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Senate File 2381, by committee on Agriculture, a bill for an act relating to animal feeding operations, by providing for open feedlot operations. Read first time under Rule 28 and placed on calendar. Senate File 2382, by committee on Judiciary, a bill for an act relating to deferred judgment criminal records. Read first time under Rule 28 and placed on calendar. Senate File 2383, by committee on Agriculture, a bill for an act relating to hybrid cats, by providing that a person may possess, breed, and transport the offspring of a domestic cat and a cat classified as a dangerous wild animal or a subsequent generation originating from that offspring, and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 2384, by committee on Human Resources, a bill for an act relating to reimbursement of providers of child welfare services and providing an applicability date. Read first time under Rule 28 and placed on calendar. Senate File 2385, by committee on Commerce, a bill for an act providing for life settlement arrangements, providing penalties, providing for fees, and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 2386, by committee on Natural Resources and Environment, a bill for an act relating to the achievement of improved energy efficiency through the establishment of a commission on energy efficiency standards and practices, and providing for the periodic reporting of energy efficiency results and savings by gas and electric public utilities. Read first time under Rule 28 and placed on calendar.

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Senate File 2387, by committee on State Government, a bill for an act relating to permissible prizes for use of an electrical and mechanical amusement device and the penalties for awarding an improper cash prize. Read first time under Rule 28 and placed on calendar.

FINAL COMMITTEE REPORTS OF BILL ACTION AGRICULTURE Bill Title: SENATE FILE 2381* (SSB 3259), a bill for an act relating to animal feeding operations, by providing for open feedlot operations. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Fraise, Rielly, Johnson, Appel, Black, Boettger, Courtney, Gaskill, Hancock, Houser, Kibbie, Mulder, Olive, Putney, and Seng. Nays, none. Absent, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Agriculture Committee on Senate File 2381, and they were attached to the committee report. ALSO: Bill Title: SENATE FILE 2383* (formerly SF 2017), a bill for an act relating to hybrid cats, by providing that a person may possess, breed, and transport the offspring of a domestic cat and a cat classified as a dangerous wild animal or a subsequent generation originating from that offspring, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Fraise, Rielly, Johnson, Appel, Black, Boettger, Courtney, Gaskill, Hancock, Houser, Kibbie, Mulder, Olive, Putney, and Seng. Nays, none. Absent, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Agriculture Committee on Senate File 2383, and they were attached to the committee report. COMMERCE Bill Title: SENATE FILE 2385* (SSB 3268), a bill for an act providing for life settlement arrangements, providing penalties, providing for fees, and providing an effective date.

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Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Warnstadt, Heckroth, Behn, Bolkcom, Courtney, Kettering, McCoy, Olive, Putney, Rielly, Schoenjahn, Stewart, and Ward. Nays, none. Absent, 2: Angelo and McKibben. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Commerce Committee on Senate File 2385 and they were attached to the committee report. HUMAN RESOURCES Bill Title: SENATE FILE 2384* (SSB 3229), a bill for an act relating to reimbursement of providers of child welfare services and providing an applicability date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Ragan, Schmitz, Boettger, Bolkcom, Dotzler, Hartsuch, Hatch, Johnson, Kreiman, Mulder, Quirmbach, and Wood. Nays, none. Absent, 1: Seymour. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Human Resources Committee on Senate File 2384, and they were attached to the committee report. JUDICIARY Bill Title: SENATE FILE 2382* (SSB 3212), a bill for an act relating to deferred judgment criminal records. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Kreiman, Hogg, McKibben, Dvorsky, Fraise, Hancock, Hartsuch, Horn, Noble, Quirmbach, Schoenjahn, Ward, Warnstadt, and Zieman. Nays, none. Absent, 1: Behn. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Judiciary Committee on Senate File 2382, and they were attached to the committee report. LABOR AND BUSINESS RELATIONS Bill Title: SENATE FILE 2377* (SSB 3044), a bill for an act relating to unemployment insurance benefits and compliance with federal law and including effective date and applicability provisions.

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Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 7: Dearden, Courtney, Dotzler, Dvorsky, Hatch, Horn, and Seng. Nays, 4: Ward, Behn, Hahn, and Kettering. Absent, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Labor and Business Relations Committee on Senate File 2377, and they were attached to the committee report. NATURAL RESOURCES AND ENVIRONMENT Bill Title: SENATE JOINT RESOLUTION 2002* (SSB 3250), a joint resolution proposing an amendment to the Constitution of the State of Iowa to dedicate a portion of state revenue from the tax imposed on certain retail sales of tangible personal property and services for the benefit of the state’s natural resources. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Black, Hancock, Behn, Bolkcom, Dearden, Hogg, Johnson, Kettering, Lundby, Noble, Ragan, Schoenjahn, Seng, and Wood. Nays, none. Absent, 1: Gaskill. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Natural Resources and Environment Committee on Senate Joint Resolution 2002, and they were attached to the committee report. ALSO: Bill Title: SENATE FILE 2375* (formerly SF 2210), a bill for an act relating to alternative energy system tax credits under the individual and corporate income taxes for the installation of alternative energy systems and including a retroactive applicability date provision. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Black, Hancock, Behn, Bolkcom, Dearden, Hogg, Johnson, Kettering, Lundby, Noble, Ragan, Schoenjahn, Seng, and Wood. Nays, none. Absent, 1: Gaskill. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Natural Resources and Environment Committee on Senate File 2375, and they were attached to the committee report.

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ALSO: Bill Title: SENATE FILE 2380* (formerly SF 2232), a bill for an act establishing a low head dam public hazard program. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Black, Hancock, Behn, Bolkcom, Dearden, Hogg, Johnson, Kettering, Lundby, Noble, Ragan, Schoenjahn, Seng, and Wood. Nays, none. Absent, 1: Gaskill. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Natural Resources and Environment Committee on Senate File 2380, and they were attached to the committee report. ALSO: Bill Title: SENATE FILE 2386* (formerly SF 2083), a bill for an act relating to the achievement of improved energy efficiency through the establishment of a commission on energy efficiency standards and practices, and providing for the periodic reporting of energy efficiency results and savings by gas and electric public utilities. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes 14: Black, Hancock, Behn, Bolkcom, Dearden, Hogg, Johnson, Kettering, Lundby, Noble, Ragan, Schoenjahn, Seng, and Wood. Nays, none. Absent, 1: Gaskill. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Natural Resources and Environment Committee on Senate File 2386, and they were attached to the committee report. STATE GOVERNMENT Bill Title: SENATE FILE 2378* (SSB 3164), a bill for an act relating to open records and public meetings and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Connolly, Horn, Zieman, Black, Danielson, Hatch, Kettering, Kibbie, Schmitz and Wood. Nays, none. Present, 2: Behn and Hahn. Absent, 3: Appel, Gaskill, and McKibben. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

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*Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the State Government Committee on Senate File 2378, and they were attached to the committee report. ALSO: Bill Title: SENATE FILE 2379* (SSB 3117), a bill for an act relating to the regulation of the practice of certified public accounting and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Connolly, Horn, Zieman, Behn, Black, Danielson, Hahn, Hatch, Kettering, Kibbie, Schmitz, and Wood. Nays, none. Absent, 3: Appel, Gaskill, and McKibben. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the State Government Committee on Senate File 2379, and they were attached to the committee report. ALSO: Bill Title: SENATE FILE 2387* (formerly SF 2240), a bill for an act relating to permissible prizes for use of an electrical and mechanical amusement device and the penalties for awarding an improper cash prize. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Connolly, Horn, Zieman, Appel, Behn, Black, Danielson, Hahn, Hatch, Kettering, Kibbie, McKibben, Schmitz, and Wood. Nays, none. Absent, 1: Gaskill. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the State Government Committee on Senate File 2387, and they were attached to the committee report. TRANSPORTATION Bill Title: SENATE FILE 2374* (SSB 3127), a bill for an act relating to policies for the administration of highways and the regulation of motor vehicles by the department of transportation and to deposits made by a county to the secondary road fund, including matters concerning the bid threshold for emergency highway repairs, the fee for replacement of special dealer registration plates, antique motor vehicle registration fees, used motor vehicle dealer education requirements, disqualification from operating a commercial motor vehicle, an exemption from the civil penalty imposed for certain driver’s license sanctions, access to persons with disabilities parking spaces for certain disabled veterans, and permits and fees for the movement of certain oversize or overweight vehicles, drinking driver courses offered at state correctional facilities, and providing an effective date.

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Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Rielly, Danielson, Noble, Beall, Dearden, Hancock, Heckroth, Houser, McCoy, Putney, Warnstadt, Zaun, and Zieman. Nays, none. Absent, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Services Agency reported nonsubstantive changes to the members of the Transportation Committee on Senate File 2374, and they were attached to the committee report.

AMENDMENTS FILED S–5047 S.F. 2318 Jeff Danielson S–5048 S.F. 2291 Jeff Danielson S–5049 S.F. 2282 Nancy J. Boettger S–5050 S.F. 2252 Becky Schmitz S–5051 S.F. 2320 Judiciary S–5052 S.F. 2317 Judiciary S–5053 S.F. 2282 Paul McKinley S–5054 H.F. 2359 Jeff Angelo S–5055 S.F. 2230 David Johnson S–5056 S.F. 2123 Mark Zieman Nancy J. Boettger Ron Wieck Steve Kettering Paul McKinley Brad Zaun James F. Hahn John Putney Larry McKibben Larry Noble Jeff Angelo Mary A. Lundby Dave Mulder James Seymour Jerry Behn Pat Ward David L. Hartsuch David Johnson Hubert Houser

556 JOURNAL OF THE SENATE 57th Day

S–5057 S.F. 2123 Mark Zieman Nancy J. Boettger Ron Wieck Steve Kettering Paul McKinley Brad Zaun James F. Hahn John Putney Larry McKibben Larry Noble Jeff Angelo Mary A. Lundby Dave Mulder James Seymour Jerry Behn Pat Ward David L. Hartsuch David Johnson Hubert Houser S–5058 S.F. 2123 Mark Zieman Nancy J. Boettger Ron Wieck Steve Kettering Paul McKinley Brad Zaun James F. Hahn John Putney Larry McKibben Larry Noble Jeff Angelo Mary A. Lundby Dave Mulder James Seymour Jerry Behn Pat Ward David L. Hartsuch David Johnson Hubert Houser S–5059 S.F. 2275 Keith Kreiman Pat Ward

57th Day MONDAY, MARCH 10, 2008 557

S–5060 S.F. 2305 Thomas Rielly S–5061 S.F. 2172 Becky Schmitz S–5062 S.F. 2347 Jeff Danielson S–5063 S.F. 2123 Mark Zieman S–5064 S.F. 2123 Mark Zieman S–5065 S.F. 2123 Mark Zieman S–5066 S.F. 2123 David Johnson S–5067 S.F. 2123 Jeff Angelo S–5068 S.F. 2123 Jerry Behn S–5069 S.F. 2332 Dick L. Dearden S–5070 S.F. 2278 David Johnson