Senate Journal: Tuesday, April 10, 2001
NINETY-THIRD CALENDAR DAY
FIFTY-FOURTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, April 10, 2001
The Senate met in regular session at 9:02 a.m., President Kramer
presiding.
Prayer was offered by the Reverend Nancy Solomonson, pastor of
Our Savior's Lutheran Church in Cedar Rapids, Iowa, guest of
Senator Flynn.
The Journal of Monday, April 9, 2001, was approved.
HOUSE MESSAGES RECEIVED
The following messages were received from the Chief Clerk of the
House:
MADAM PRESIDENT: I am directed to inform your honorable body that the
House has on April 9, 2001, passed the following bills in which the
concurrence of the
House was asked:
Senate File 94, a bill for an act creating a new criminal offense of
escape from custody by a sexually violent predator civilly committed
to confinement and providing a penalty.
Senate File 102, a bill for an act relating to charitable gift
annuities, by providing for notice and filing requirements and
providing for penalties.
Senate File 347, a bill for an act eliminating court costs and filing
and service fees for plaintiffs seeking relief from domestic abuse.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senator Redwine, until he arrives, on request of Senator Iverson; Senators
Behn
and Maddox, until they arrive, on request of Senator Bartz; and Senators
Dearden,
Hansen, and McCoy, until they arrive, on request of Senator Fink.
CONFIRMATION OF GOVERNOR'S APPOINTMENTS
In accordance with Senate Rule 59, Senator Iverson called up the
following eligible appointees on the En Bloc Confirmation Calendar:
Linda Hopkins, Accountancy Examining Board
Susan Loy, Accountancy Examining Board
Wesley Stille, Accountancy Examining Board
Gayle Collins, Alcoholic Beverages Commission
Dick Stoffer, Alcoholic Beverages Commission
Dale McKinney, Architectural Examining Board
Susan McKinney, Architectural Examining Board
Lori Clayton, Board of Examiners for Athletic Training
Stuart Preston, Board of Barber Examiners
James Anastasi, Board of Behavioral Science Examiners
Judith Roddy, Board of Behavioral Science Examiners
Vilia Tarvydas, Board of Behavioral Science Examiners
Rod Rebarcak, Board of Chiropractic Examiners
Constance Gronstal, Iowa State Civil Rights Commission
Maria Waterman, Iowa State Civil Rights Commission
William Billings, Commission on Community Action Agencies
Catherine Whitfield, Commission on Community Action Agencies
Suellen Overton, Board of Corrections
Donald Tietz, Board of Corrections
Mary Myers, Board of Cosmetology Arts and Sciences Examiners
Gisele-Jill Marlow, County Finance Committee
Kay Swanson, County Finance Committee
Becky Hansen, Credit Union Review Board
Diane Kollasch, Credit Union Review Board
James E. Forney, Superintendent of Credit Unions
Monica Murray, Criminal and Juvenile Justice Planning Advisory
Council
Marvin Tuttle, Commission on the Deaf
George North, Board of Dental Examiners
Richard Reay, Board of Dental Examiners
Jean Anderson, Board of Dietetic Examiners
Pamela Dettmann, Iowa Drug Policy Advisory Council
Dimaggio Nichols, Iowa Economic Development Board
Jack Sickler, Iowa Economic Development Board
Thomas Paulsen, Board of Educational Examiners
Jean Seeland, Board of Educational Examiners
Anita Westerhaus, Board of Educational Examiners
Harold Davis, Commission of Elder Affairs
Clemmie Hightower, Commission of Elder Affairs
Jennifer Lightbody, Iowa Empowerment Board
Carolyn Olson-Illg, Iowa Empowerment Board
Elaine Szymoniak, Iowa Empowerment Board
Diana Hoogestraat, Engineering and Land Surveying Examining
Board
Dennis Osipowicz, Engineering and Land Surveying Examining
Board
Lori Glanzman, Environmental Protection Commission
Darrell Hanson, Environmental Protection Commission
Kathryn Murphy, Environmental Protection Commission
James Tobin, Environmental Protection Commission
Terrance Townsend, Environmental Protection Commission
Larry Nuss, State Citizen Foster Care Review Board
Lil Perry, State Citizen Foster Care Review Board
Gary Butz, Health Facilities Council
Michael Smith, Board for the Licensing and Regulation of Hearing
Aid Dealers
Michael Wolnerman, Board for the Licensing and Regulation of
Hearing Aid Dealers
Roger Hartman, Council on Human Services
James Miller, Council on Human Services
Roger Caudron, Iowa Finance Authority
Richard Wright, Iowa Finance Authority
Ann Hutchinson, Investment Board of the IPERS
Bruce Kelley, Investment Board of the IPERS
Joanne Stockdale, Investment Board of the IPERS
Constance Birmingham, State Judicial Nominating Commission
Thomas Courtney, State Judicial Nominating Commission
Jon Crose, Landscape Architectural Examining Board
Grace Nelson, Landscape Architectural Examining Board
Thomas Lillquist, Iowa Law Enforcement Academy Council
Jeanine Grady, Board of Massage Therapy Examiners
John Brinkman, Board of Medical Examiners
Michael Byrne, Board of Medical Examiners
Sally Alt, Mental Health and Developmental Disabilities
Commission
Michael Bergan, Mental Health and Developmental Disabilities
Commission
Murlean Hall, Mental Health and Developmental Disabilities
Commission
Judy Clark, Mental Health Risk Pool
Ralph Kremer, Mental Health Risk Pool
Sally Stutsman, Mental Health Risk Pool
Ronald Hofbauer, Board of Mortuary Science Examiners
Ricard Porter, Board of Mortuary Science Examiners
Janice Marcantonio, Natural Resource Commission
Joan Schneider, Natural Resource Commission
Linda Brady, Board of Nursing Examiners
Merlin Hulse, Board of Nursing Examiners
William Miller, Board of Nursing Examiners
Claudia Boeding, State Board of Examiners for Nursing Home
Administrators
Judy Weller, State Board of Examiners for Nursing Home
Administrators
Christopher Olson, Board of Optometry Examiners
Curtis Jenkins, Board of Parole
Rogers Kirk, Board of Parole
James Holcomb, Iowa Comprehensive Petroleum Underground
Storage Tank Fund Board
G. Kay Bolton, Board of Pharmacy Examiners
Michael Seifert, Board of Pharmacy Examiners
Cheryl Stewart, Board of Physical and Occupational Therapy
Examiners
Martin Ungs, Board of Physical and Occupational Therapy
Examiners
Kurt Walderbach, Board of Physical and Occupational Therapy
Examiners
James Cunningham, Board of Physician Assistant Examiners
Eric Jensen, Board of Podiatry Examiners
Kim Lozier, Board of Podiatry Examiners
Matthew Wilber, Board of Podiatry Examiners
Daniel Courtney, Board of Psychology Examiners
Michael Mahaffey, State Racing and Gaming Commission
Richard Bruce, Real Estate Appraiser Examining Board
Richard Koestner, Real Estate Appraiser Examining Board
William Motz, State Board for Respiratory Care
Clark Yeager, School Budget Review Committee
Allison Deluhery, Small Business Advisory Council
Nicholas Henderson, Small Business Advisory Council
Douglas LaBounty, Small Business Advisory Council
Lance Clemsen, Board of Social Work Examiners
Janice McCoy, Board of Social Work Examiners
Jennifer Oman, Board of Social Work Examiners
Joyce Westphal, Board of Social Work Examiners
Madeline Meyer, State Soil Conservation Commission
Mark Schouten, Iowa Telecommunications and Technology
Commission
Berneil Preul, Title Guaranty Division Board
Lynn Smith, Title Guaranty Division Board
Sharon Wellendorf, Commission on Tobacco Use Prevention and
Control
Patricia Crawford, State Transportation Commission
Thomas Hart, State Transportation Commission
Gregg Connell, Vision Iowa Board
Jerry Kearns, Vision Iowa Board
LaMetta Wynn, Vision Iowa Board
Senator Iverson moved that the foregoing appointees be confirmed
by the Senate.
On the question "Shall the appointees be confirmed?" the vote was:
Ayes, 44:
Angelo Bartz Black Boettger
Bolkcom Connolly Deluhery Drake
Dvorsky Fiegen Fink Flynn
Fraise Freeman Gaskill Greiner
Gronstal Hammond Harper Holveck
Horn Iverson Jensen Johnson
Kibbie King Kramer Lamberti
Lundby McKean McKibben McKinley
McLaren Miller Redfern Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman
Nays, none.
Absent or not voting, 6:
Behn Dearden Hansen Maddox
McCoy Redwine
The appointees, having received a two-thirds vote, were declared to
have been confirmed by the Senate.
CONFIRMATION OF GOVERNOR'S APPOINTMENTS
(Individual Confirmation Calendar)
Senator Iverson called up the appointment of David Carlyle, as a
member of the Commission on Tobacco Use Prevention and Control,
placed on the Individual Confirmation Calendar on April 2, 2001, and
found on page 946 of the Senate Journal.
Senator Iverson moved that the foregoing appointment be
confirmed by the Senate.
On the question "Shall the appointee be confirmed?" the vote was:
Ayes, 46:
Angelo Bartz Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Gaskill
Greiner Gronstal Hammond Hansen
Harper Holveck Horn Iverson
Jensen Johnson Kibbie King
Kramer Lamberti Lundby McKean
McKibben McKinley McLaren Miller
Redfern Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman
Nays, none.
Absent or not voting, 4:
Behn Maddox McCoy Redwine
The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.
Senator Iverson called up the appointment of Courtney Kay-
Decker, as a member of the State Board of Tax Review, placed on the
Individual Confirmation Calendar on April 2, 2001, and found on
page 947 of the Senate Journal.
Senator Iverson moved that the foregoing appointment be
confirmed by the Senate.
On the question "Shall the appointee be confirmed?" the vote was:
Ayes, 46:
Angelo Bartz Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Gaskill
Greiner Gronstal Hammond Hansen
Harper Holveck Horn Iverson
Jensen Johnson Kibbie King
Kramer Lamberti Lundby McKean
McKibben McKinley McLaren Miller
Redfern Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman
Nays, none.
Absent or not voting, 4:
Behn Maddox McCoy Redwine
The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.
Senator Iverson called up the appointment of Kenneth Lowder, as
a member of the Board of Speech Pathology and Audiology
Examiners, placed on the Individual Confirmation Calendar on
April 2, 2001, and found on page 947 of the Senate Journal.
Senator Iverson moved that the foregoing appointment be
confirmed by the Senate.
On the question "Shall the appointee be confirmed?" the vote was:
Ayes, 46:
Angelo Bartz Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Gaskill
Greiner Gronstal Hammond Hansen
Harper Holveck Horn Iverson
Jensen Johnson Kibbie King
Kramer Lamberti Lundby McKean
McKibben McKinley McLaren Miller
Redfern Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman
Nays, none.
Absent or not voting, 4:
Behn Maddox McCoy Redwine
The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.
Senator Iverson called up the appointment of Laura Johnson, as a
member of the Board of Speech Pathology and Audiology Examiners,
placed on the Individual Confirmation Calendar on April 2, 2001, and
found on page 947 of the Senate Journal.
Senator Iverson moved that the foregoing appointment be
confirmed by the Senate.
On the question "Shall the appointee be confirmed?" the vote was:
Ayes, 48:
Angelo Bartz Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Gaskill
Greiner Gronstal Hammond Hansen
Harper Holveck Horn Iverson
Jensen Johnson Kibbie King
Kramer Lamberti Lundby Maddox
McCoy McKean McKibben McKinley
McLaren Miller Redfern Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman
Nays, none.
Absent or not voting, 2:
Behn Redwine
The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.
DEFERRAL OF APPOINTEE
(Individual Confirmation Calendar)
Senator Iverson called up the appointment of Allan Thoms, as a
member of the Utilities Board, placed on the Individual Confirmation
Calendar on April 2, 2001, and found on page 928 of the Senate
Journal.
Senator Gronstal asked and received unanimous consent that
action on the appointment of Allan Thoms be deferred.
CONFIRMATION OF GOVERNOR'S APPOINTMENT
(Individual Confirmation Calendar)
Senator Iverson called up the appointment of Dorothy Woline, as a
member of the Real Estate Commission, placed on the Individual
Confirmation Calendar on April 2, 2001, and found on page 947 of the
Senate Journal.
Senator Iverson moved that the foregoing appointment be
confirmed by the Senate.
On the question "Shall the appointee be confirmed?" the vote was:
Ayes, 48:
Angelo Bartz Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Gaskill
Greiner Gronstal Hammond Hansen
Harper Holveck Horn Iverson
Jensen Johnson Kibbie King
Kramer Lamberti Lundby Maddox
McCoy McKean McKibben McKinley
McLaren Miller Redfern Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman
Nays, none.
Absent or not voting, 2:
Behn Redwine
The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.
RECESS
On motion of Senator Iverson, the Senate recessed at 9:29 a.m.
until 2:00 p.m.
AFTERNOON SESSION
The Senate reconvened at 2:34 p.m., President Kramer presiding.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Jensen, until he returns, on request of Senator Bartz.
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration House Files 178, 469, 259, and 270.
House File 178
On motion of Senator Boettger, House File 178, a bill for an act
applying child in need of assistance and child abuse provisions to a
child whose parent or guardian or the person responsible for the
child's care has manufactured or possessed a dangerous substance in
a child's presence, with report of committee recommending passage,
was taken up for consideration.
Senator Boettger 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. 178), the vote was:
Ayes, 48:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Johnson Kibbie King
Kramer Lamberti Lundby Maddox
McCoy McKean McKibben McKinley
McLaren Miller Redfern Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman
Nays, none.
Absent or not voting, 2:
Jensen Redwine
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
House File 469
On motion of Senator Veenstra, House File 469, a bill for an act
requiring agricultural equipment suppliers to repurchase certain
items upon termination of an agricultural equipment dealership
agreement, with report of committee recommending passage, was
taken up for consideration.
Senator Fiegen offered amendment S-3329, filed by him from the
floor to page 1 of the bill.
Senator Fiegen withdrew amendment S-3329.
Senator Veenstra 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. 469), the vote was:
Ayes, 49:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Jensen Johnson Kibbie
King Kramer Lamberti Lundby
Maddox McCoy McKean McKibben
McKinley McLaren Miller Redfern
Rehberg Rittmer Schuerer Sexton
Shearer Soukup Tinsman Veenstra
Zieman
Nays, none.
Absent or not voting, 1:
Redwine
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
House File 259
On motion of Senator Maddox, House File 259, a bill for an act
relating to the duties and office of the secretary of state in
commissioning notarial officers, with report of committee
recommending passage, was taken up for consideration.
Senator Maddox 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. 259), the vote was:
Ayes, 50:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Jensen Johnson Kibbie
King Kramer Lamberti Lundby
Maddox McCoy McKean McKibben
McKinley McLaren Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman
Nays, none.
Absent or not voting, none.
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
House File 270
On motion of Senator Rehberg, House File 270, a bill for an act
striking certain filing requirements related to campus crime statistics
and sexual abuse policies, with report of committee recommending
passage, was taken up for consideration.
Senator Rehberg 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. 270), the vote was:
Ayes, 50:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Jensen Johnson Kibbie
King Kramer Lamberti Lundby
Maddox McCoy McKean McKibben
McKinley McLaren Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman
Nays, none.
Absent or not voting, none.
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Iverson asked and received unanimous consent that
House Files 178, 259, 270, and 469 be immediately messaged to
the House.
CONFIRMATION OF GOVERNOR'S APPOINTMENTS
(Individual Confirmation Calendar)
Senator Iverson called up the appointment of Diane Kolmer, as a
member of the Information Technology Council, placed on the
Individual Confirmation Calendar on March 26, 2001, and found on
page 832 of the Senate Journal.
Senator Iverson moved that the foregoing appointment be
confirmed by the Senate.
On the question "Shall the appointee be confirmed?" the vote was:
Ayes, 50:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Jensen Johnson Kibbie
King Kramer Lamberti Lundby
Maddox McCoy McKean McKibben
McKinley McLaren Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman
Nays, none.
Absent or not voting, none.
The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.
Senator Iverson called up the appointment of Deborah A. O'Leary,
as Administrator of the Policy and Planning Division of the
Department of Information Technology, placed on the Individual
Confirmation Calendar on March 22, 2001, and found on page 802 of
the Senate Journal.
Senator Iverson moved that the foregoing appointment be
confirmed by the Senate.
On the question "Shall the appointee be confirmed?" the vote was:
Ayes, 50:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Jensen Johnson Kibbie
King Kramer Lamberti Lundby
Maddox McCoy McKean McKibben
McKinley McLaren Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman
Nays, none.
Absent or not voting, none.
The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.
Senator Iverson called up the appointment of Russell F. Rozinek,
as Administrator of the Operations Division of the Department of
Information Technology, placed on the Individual Confirmation
Calendar on March 22, 2001, and found on page 802 of the Senate
Journal.
Senator Iverson moved that the foregoing appointment be
confirmed by the Senate.
On the question "Shall the appointee be confirmed?" the vote was:
Ayes, 50:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Jensen Johnson Kibbie
King Kramer Lamberti Lundby
Maddox McCoy McKean McKibben
McKinley McLaren Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman
Nays, none.
Absent or not voting, none.
The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.
Senator Iverson called up the appointment of Sharon K. Sperry, as
Administrator of the Customer Liaison Division of the Department of
Information Technology, placed on the Individual Confirmation
Calendar on March 22, 2001, and found on page 802 of the Senate
Journal.
Senator Iverson moved that the foregoing appointment be
confirmed by the Senate.
On the question "Shall the appointee be confirmed?" the vote was:
Ayes, 50:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Jensen Johnson Kibbie
King Kramer Lamberti Lundby
Maddox McCoy McKean McKibben
McKinley McLaren Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman
Nays, none.
Absent or not voting, none.
The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.
Senator Iverson called up the appointment of Sandra L. Dell, as
Administrator of the Administration Division of the Department of
Information Technology, placed on the Individual Confirmation
Calendar on March 22, 2001, and found on page 802 of the Senate
Journal.
Senator Iverson moved that the foregoing appointment be
confirmed by the Senate.
On the question "Shall the appointee be confirmed?" the vote was:
Ayes, 50:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Jensen Johnson Kibbie
King Kramer Lamberti Lundby
Maddox McCoy McKean McKibben
McKinley McLaren Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman
Nays, none.
Absent or not voting, none.
The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.
Senator Iverson called up the appointment of Daniel A. Combs, as
Administrator of the Digital Government Bureau of the Department
of Information Technology, placed on the Individual Confirmation
Calendar on March 22, 2001, and found on page 802 of the Senate
Journal.
Senator Iverson moved that the foregoing appointment be
confirmed by the Senate.
On the question "Shall the appointee be confirmed?" the vote was:
Ayes, 50:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Jensen Johnson Kibbie
King Kramer Lamberti Lundby
Maddox McCoy McKean McKibben
McKinley McLaren Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman
Nays, none.
Absent or not voting, none.
The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration House File 294.
House File 294
On motion of Senator Tinsman, House File 294, a bill for an act
relating to contracts and compensation that benefit a member of the
board of directors of a school district, with report of committee
recommending passage, was taken up for consideration.
Senator Tinsman 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. 294), the vote was:
Ayes, 50:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Jensen Johnson Kibbie
King Kramer Lamberti Lundby
Maddox McCoy McKean McKibben
McKinley McLaren Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman
Nays, none.
Absent or not voting, none.
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Iverson asked and received unanimous consent that
House File 294 be immediately messaged to the House.
CONFIRMATION OF GOVERNOR'S APPOINTMENTS
(Individual Confirmation Calendar)
Senator Iverson called up the appointment of Cynthia Beauman,
as a member of the Health Facilities Council, placed on the
Individual Confirmation Calendar on April 3, 2001, and found on
page 962 of the Senate Journal.
Senator Iverson moved that the foregoing appointment be
confirmed by the Senate.
On the question "Shall the appointee be confirmed?" the vote was:
Ayes, 50:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Jensen Johnson Kibbie
King Kramer Lamberti Lundby
Maddox McCoy McKean McKibben
McKinley McLaren Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman
Nays, none.
Absent or not voting, none.
The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.
BUSINESS PENDING
(Individual Confirmation Calendar)
The Senate resumed consideration of the appointment of Allan
Thoms, as a member of the Utilities Board, previously deferred.
Senator Iverson moved that the foregoing appointment be
confirmed by the Senate.
On the question "Shall the appointee be confirmed?" the vote was:
Ayes, 48:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Gronstal Hansen
Harper Horn Iverson Jensen
Johnson Kibbie King Kramer
Lamberti Lundby Maddox McCoy
McKean McKibben McKinley McLaren
Miller Redfern Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman
Nays, 2:
Hammond Holveck
Absent or not voting, none.
The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.
REFUSAL OF GOVERNOR'S APPOINTMENT
(Individual Confirmation Calendar)
Senator Iverson called up the appointment of LaVon Griffieon, as a
member of the City Development Board, placed on the Individual
Confirmation Calendar on March 22, 2001, and found on page 781 of
the Senate Journal.
Senator Iverson moved that the foregoing appointment be
confirmed by the Senate.
On the question "Shall the appointee be confirmed?" the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 32:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Dvorsky Fiegen Fink Fraise
Freeman Hammond Harper Holveck
Jensen Kibbie King Lamberti
Lundby McCoy McKean McKibben
McKinley Miller Rehberg Rittmer
Schuerer Sexton Shearer Soukup
Nays, 16:
Deluhery Drake Flynn Gaskill
Gronstal Hansen Horn Iverson
Johnson Kramer Maddox Redfern
Redwine Tinsman Veenstra Zieman
Absent or not voting, 2:
Greiner McLaren
Having failed to receive a two-thirds vote, the appointee was
declared to have been refused confirmation by the Senate.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration House File 301.
House File 301
On motion of Senator Angelo, House File 301, a bill for an act
establishing a rural fire protection program and limiting the liability
of rural water districts and associations in connection with the
provision of water for fire protection, with report of committee
recommending passage, was taken up for consideration.
Senator Angelo 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. 301), the vote was:
Ayes, 50:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Jensen Johnson Kibbie
King Kramer Lamberti Lundby
Maddox McCoy McKean McKibben
McKinley McLaren Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman
Nays, none.
Absent or not voting, none.
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Sexton, until he returns, on request of Senator McKibben.
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Boettger asked and received unanimous consent to take
up for consideration House Files 356 and 383.
House File 356
On motion of Senator McKibben, House File 356, a bill for an act
relating to administrative and corrective changes to the workers'
compensation law, with report of committee recommending passage,
was taken up for consideration.
Senator McKibben offered amendment S-3317, filed by him on
April 9, 2001, to page 4 of the bill, and moved its adoption.
Amendment S-3317 was adopted by a voice vote.
Senator McKibben 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. 356), the vote was:
Ayes, 49:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Jensen Johnson Kibbie
King Kramer Lamberti Lundby
Maddox McCoy McKean McKibben
McKinley McLaren Miller Redfern
Redwine Rehberg Rittmer Schuerer
Shearer Soukup Tinsman Veenstra
Zieman
Nays, none.
Absent or not voting, 1:
Sexton
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
House File 383
On motion of Senator Lamberti, House File 383, a bill for an act
relating to the designation of model communities in projects, pilot
projects, or similar initiatives undertaken by the governor or the
executive branch, with report of committee recommending passage,
was taken up for consideration.
Senator Lamberti 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. 383), the vote was:
Ayes, 46:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fink
Flynn Fraise Freeman Gaskill
Greiner Gronstal Hammond Hansen
Harper Holveck Horn Iverson
Jensen Johnson King Kramer
Lamberti Lundby Maddox McCoy
McKean McKibben McKinley McLaren
Miller Redfern Redwine Rehberg
Rittmer Schuerer Soukup Tinsman
Veenstra Zieman
Nays, 3:
Fiegen Kibbie Shearer
Absent or not voting, 1:
Sexton
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Iverson asked and received unanimous consent that
House Files 301, 356, and 383 be immediately messaged to the
House.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration House File 341.
House File 341
On motion of Senator Redwine, House File 341, a bill for an act
relating to informed consent to an abortion and providing a criminal
penalty, and providing an effective date, with report of committee
recommending passage, was taken up for consideration.
(Action on House File 341 was deferred.)
The Senate stood at ease at 4:13 p.m. until the fall of the gavel for
the purpose of party caucuses.
The Senate resumed session at 4:56 p.m., President Kramer
presiding.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Rittmer, until he returns, on request of Senator Greiner.
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration House Files 458 and 581.
House File 458
On motion of Senator Boettger, House File 458, a bill for an act
extending the statute of limitations period for filing a criminal charge
of incest, with report of committee recommending passage, was taken
up for consideration.
Senator Boettger offered amendment S-3265, filed by her on
March 27, 2001, to the title page of the bill, and moved its adoption.
Amendment S-3265 was adopted by a voice vote.
Senator Boettger 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. 458), the vote was:
Ayes, 48:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Jensen Johnson Kibbie
King Kramer Lamberti Lundby
Maddox McCoy McKean McKibben
McKinley McLaren Miller Redfern
Redwine Rehberg Schuerer Shearer
Soukup Tinsman Veenstra Zieman
Nays, none.
Absent or not voting, 2:
Rittmer Sexton
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title, as amended, was agreed to.
House File 581
On motion of Senator McLaren, House File 581, a bill for an act
relating to the size of drainage or levee districts having election
districts and requesting an interim study, with report of committee
recommending amendment and passage, was taken up for
consideration.
Senator McLaren offered amendment S-3295, filed by the
committee on Agriculture on April 3, 2001, to page 1 and to the title
page of the bill, and moved its adoption.
A nonrecord roll call was requested.
The ayes were 25, nays 24.
Amendment S-3295 was adopted.
Senator McLaren 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. 581), the vote was:
Ayes, 49:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Jensen Johnson Kibbie
King Kramer Lamberti Lundby
Maddox McCoy McKean McKibben
McKinley McLaren Miller Redfern
Redwine Rehberg R