The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of
Allegiance led by Senate page Calisandra Larson.
Roll Call: All members present except Sen. Buhl who was excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the tenth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 94 which was deferred to the 41st Legislative Day.
The Committee on Education respectfully reports that it has had under consideration SB 14
and returns the same with the recommendation that said bill do pass and be placed on the
consent calendar.
Also MR. PRESIDENT:
The Committee on Education respectfully reports that it has had under consideration SB 76
and returns the same with the recommendation that said bill be amended as follows:
"An education service agency seeking funding pursuant to this Act shall apply to the
Department of Education on forms provided by the department. The amount of funding
provided to any education service agency pursuant to this Act shall be based upon the amount
of matching funds received by the agency from the federal government or other sources, but the
total amount of funding provided may not exceed the total amount appropriated in this Act."
The Committee on Education respectfully reports that it has had under consideration SB 15
and returns the same with the recommendation that said bill be referred to the Committee on
Appropriations.
The Committee on Appropriations respectfully reports that it has had under consideration
SB 17, 22, 27, and 90 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 18 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on Appropriations respectfully reports that it has had under consideration
SB 19 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1021 and 1031 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 110
and returns the same with the recommendation that said bill do pass and be placed on the
consent calendar.
Also MR. PRESIDENT:
The Committee on Judiciary respectfully reports that it has had under consideration SB 97
which was deferred to the 41st Legislative Day.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 85 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 32, 57, and 89 and returns the same with the recommendation that said bills
do pass and be placed on the consent calendar.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 92 which was deferred to the 41st Legislative Day.
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 16 and 21 and returns the same with the recommendation that said bills
do pass.
Also MR. PRESIDENT:
The Committee on Agriculture and Natural Resources respectfully reports that it has had
under consideration SB 59 and returns the same with the recommendation that said bill be
amended as follows:
I have the honor to transmit herewith HB 1003, 1056, 1068, 1076, and 1078 which have
passed the House and your favorable consideration is respectfully requested.
I have the honor to transmit herewith HCR 1001 and 1002 which have been adopted by the
House and your concurrence is respectfully requested.
Sen. Olson moved that SB 56 be deferred to Monday, January 28, the 13th legislative day.
Sen. Olson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on
Friday, January 25, the 12th legislative day.
Which motion prevailed.
Sen. Brown moved that SB 119 be referred from the Committee on Education to the
Committee on Commerce and Energy.
Which motion prevailed.
HCR 1001: A CONCURRENT RESOLUTION, in opposition to certain actions by animal
rights groups to undermine agricultural producers.
Was read the first time, the President waived the referral to committee, and placed
HCR 1001 on the calendar of Friday, January 25, the 12th legislative day.
HCR 1002: A CONCURRENT RESOLUTION, Urging the United States Supreme Court
to revisit the Roe v. Wade case and to overturn its decision.
Was read the first time, the President waived the referral to committee, and placed
HCR 1002 on the calendar of Friday, January 25, the 12th legislative day.
Sen. Olson moved that the reports of the Standing Committees on
Transportation on SB 41 as found on page 162 of the Senate Journal; also
State Affairs on SB 83 as found on page 190 of the Senate Journal; also
Health and Human Services on SB 75 as found on page 191 of the Senate Journal be
adopted.
Which motion prevailed.
SB 187 Introduced by: Senators Novstrup (Al), Holien, Jensen, Kirkeby, Maher, and Peters
and Representatives Greenfield, Cronin, Haggar (Don), Magstadt, Olson (Betty), Steele, and
Wick
FOR AN ACT ENTITLED, An Act to allow a school district to opt out of the continuing
contract requirements for teachers.
Was read the first time and referred to the Committee on Education.
SB 188 Introduced by: Senators Heineman (Phyllis), Adelstein, Brown, Johnston, Krebs,
Maher, Peters, and Sutton and Representatives Sly, Bolin, Cronin, Gibson, Greenfield, Killer,
May, Miller, Olson (Betty), Qualm, Schaefer, Schrempp, Wick, and Wismer
FOR AN ACT ENTITLED, An Act to make an appropriation to fund the Teach for
America grant program.
Was read the first time and referred to the Committee on Appropriations.
SB 189 Introduced by: The Committee on Appropriations at the request of the Office of
the Governor
FOR AN ACT ENTITLED, An Act to make appropriations from the water and
environment fund, the water pollution control revolving fund subfund, and the drinking water
revolving fund subfund for various water and environmental purposes and to declare an
emergency.
Was read the first time and referred to the Committee on Appropriations.
SB 190 Introduced by: The Committee on Appropriations at the request of the Office of
the Governor
FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for
elderly persons and persons with a disability.
Was read the first time and referred to the Committee on Appropriations.
SJR 4 Introduced by: Senators Van Gerpen, Adelstein, Begalka, Kirkeby, Lederman, Otten
(Ernie), and Vehle and Representatives Nelson, Bolin, Schoenfish, and Verchio
Was read the first time and referred to the Committee on State Affairs.
HB 1003: FOR AN ACT ENTITLED, An Act to revise the purpose of the agriculture
mediation program.
Was read the first time and referred to the Committee on Agriculture and Natural
Resources.
HB 1020: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
evaluation and treatment of persons with mental illness.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1051: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the
director's orders to hazardous insurers.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1054: FOR AN ACT ENTITLED, An Act to repeal certain rule-making authority for
the director of insurance.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1055: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
unemployment insurance employer charges and claimant misrepresentation regarding benefit
overpayments and to correct references to certain provisions pertaining to unemployment
insurance.
Was read the first time and referred to the Committee on Commerce and Energy.
HB 1056: FOR AN ACT ENTITLED, An Act to revise various trust and trust company
provisions.
Was read the first time and referred to the Committee on State Affairs.
Was read the first time and referred to the Committee on State Affairs.
HB 1064: FOR AN ACT ENTITLED, An Act to provide for certain methods of
disbursement for school district flexible spending accounts.
Was read the first time and referred to the Committee on Education.
HB 1068: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the
deferral of action by municipalities on committee reports.
Was read the first time and referred to the Committee on Local Government.
HB 1070: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
failure to fulfill the responsibilities of jury duty.
Was read the first time and referred to the Committee on Judiciary.
HB 1071: FOR AN ACT ENTITLED, An Act to revise the contents of the application for
the discharge of a civil judgment debt discharged in bankruptcy.
Was read the first time and referred to the Committee on Judiciary.
HB 1072: FOR AN ACT ENTITLED, An Act to repeal certain provisions providing a
criminal penalty for a political party to endorse or nominate a judicial candidate.
Was read the first time and referred to the Committee on Judiciary.
HB 1076: FOR AN ACT ENTITLED, An Act to repeal the requirement to separately
publish certain information concerning county poor relief from the minutes of the county
commissions.
Was read the first time and referred to the Committee on Local Government.
HB 1078: FOR AN ACT ENTITLED, An Act to revise the location where certain county
highway maps may be filed.
Was read the first time and referred to the Committee on Local Government.
SB 61: FOR AN ACT ENTITLED, An Act to allow licensed insurance agents to act as
consultants in certain circumstances.
Was read the second time.
The question being Shall SB 61 pass as amended?
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Buhl
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 67: FOR AN ACT ENTITLED, An Act to revise the requirements for health
maintenance organizations.
Was read the second time.
The question being Shall SB 67 pass as amended?
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Buhl
SB 88: FOR AN ACT ENTITLED, An Act to authorize the county to deny bids on county
sales of tax deed properties if the bidder is not current on property taxes due.
Was read the second time.
The question being Shall SB 88 pass?
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Buhl
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1022: FOR AN ACT ENTITLED, An Act to repeal certain outdated programs relating
to the Department of Human Services.
Was read the second time.
The question being Shall HB 1022 pass?
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt;
Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Buhl
SB 55: FOR AN ACT ENTITLED, An Act to make certain form and style changes
regarding the bank franchise tax.
Was read the second time.
The question being Shall SB 55 pass as amended?
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt; Sutton; Tidemann; Tieszen;
Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Olson (Russell); Rave
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 23: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the
Certification Board for Alcohol and Drug Professionals and to increase certain fees.
Was read the second time.
The question being Shall SB 23 pass as amended?
And the roll being called:
Yeas 32, Nays 1, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Rave
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.
Sen. Brown moved that SB 69 be placed to follow SB 68 on today's calendar.
Which motion prevailed.
SB 72: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning
inspections of food service establishments by the Department of Health.
Was read the second time.
The question being Shall SB 72 pass as amended?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Rave
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.
SB 70: FOR AN ACT ENTITLED, An Act to improve public safety.
Was read the second time.
President Pro tempore Brown now presiding.
The question being Shall SB 70 pass as amended?
Yeas 31, Nays 2, Excused 2, Absent 0
Yeas:
Adelstein; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean);
Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al);
Olson (Russell); Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Begalka; Omdahl
Excused:
Buhl; Rave
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 86: FOR AN ACT ENTITLED, An Act to increase the minimum salary payable to
county officials, state's attorneys, and sheriffs.
Was read the second time.
The question being Shall SB 86 pass?
And the roll being called:
Yeas 30, Nays 2, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lucas; Maher; Monroe; Olson (Russell); Otten
(Ernie); Peters; Rampelberg; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
Welke; White
Nays:
Novstrup (Al); Omdahl
Excused:
Buhl; Lederman; Rave
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
Was read the second time.
The question being Shall SB 45 pass?
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lucas; Maher; Monroe; Novstrup (Al); Olson
(Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Lederman; Rave
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 48: FOR AN ACT ENTITLED, An Act to authorize the Transportation Commission
to establish rules governing the allowance, placement, and maintenance of newspaper vending
machines at interstate rest areas.
Was read the second time.
The question being Shall SB 48 pass?
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lucas; Maher; Monroe; Novstrup (Al); Olson
(Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Lederman; Rave
So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.
Was read the second time.
The question being Shall SB 68 pass?
And the roll being called:
Yeas 30, Nays 3, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Novstrup (Al);
Olson (Russell); Peters; Rampelberg; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen;
Vehle; Welke; White
Nays:
Monroe; Omdahl; Otten (Ernie)
Excused:
Buhl; Rave
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.
SB 69: FOR AN ACT ENTITLED, An Act to revise certain provisions of the health
professionals diversion program.
Was read the second time.
The question now being Shall SB 69 pass as amended?
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt; Sutton;
Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Rave
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1036: FOR AN ACT ENTITLED, An Act to prohibit retention of certain
administration costs for untimely 911 surcharge remittances.
Was read the second time.
The question being Shall HB 1036 pass?
And the roll being called:
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Excused:
Buhl; Peters; Rave
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1040: FOR AN ACT ENTITLED, An Act to authorize the Department of Revenue to
provide lists of licensed boat dealers.
Was read the second time.
The question being Shall HB 1040 pass?
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup
(Al); Olson (Russell); Otten (Ernie); Rampelberg; Rhoden; Soholt; Sutton; Tidemann; Tieszen;
Van Gerpen; Vehle; Welke; White
Nays:
Omdahl
Excused:
Buhl; Peters; Rave
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
HB 1044: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
practice of optometry.
Was read the second time.
The question being Shall HB 1044 pass?
Yeas 31, Nays 1, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff
(Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Novstrup (Al);
Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rhoden; Soholt; Sutton; Tidemann;
Tieszen; Van Gerpen; Vehle; Welke; White
Nays:
Monroe
Excused:
Buhl; Peters; Rave
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SC 2 Introduced by: Senators Olson (Russell), Adelstein, Begalka, Brown, Ewing,
Heineman (Phyllis), Hunhoff (Jean), Jensen, Kirkeby, Lederman, Maher, Monroe, Novstrup
(Al), Omdahl, Otten (Ernie), Rave, Rhoden, Soholt, Tidemann, Tieszen, Van Gerpen, Vehle,
and White and Representatives Parsley, Bartling, Cammack, Campbell, Carson, Craig, Dryden,
Duvall, Erickson, Feickert, Feinstein, Gibson, Haggar (Don), Haggar (Jenna), Hajek, Hansen,
Hawks, Hawley, Heinemann (Leslie), Heinert, Hickey, Hoffman, Hunhoff (Bernie), Johns,
Kaiser, Killer, Kirschman, Kopp, Magstadt, May, Miller, Nelson, Novstrup (David), Olson
(Betty), Otten (Herman), Peterson, Qualm, Rasmussen, Ring, Romkema, Rounds, Rozum,
Russell, Schaefer, Schoenfish, Schrempp, Sly, Soli, Solum, Stalzer, Stevens, Tulson, Tyler,
Werner, Westra, Wick, and Wismer
Sen. Jensen moved that the Senate do now adjourn, which motion prevailed and at
3:50 p.m. the Senate adjourned.