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Senate Journal: Monday, February 26, 2001

  FIFTIETH CALENDAR DAY
  TWENTY-NINTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Monday, February 26, 2001

  The Senate met in regular session at 10:02 a.m., Senator Veenstra
  presiding.

  Prayer was offered by the Reverend Wayne Bahr, pastor of the
  Church of Christ in Mondamin, Iowa, guest of Senator Boettger.

  The Journal of Thursday, February 22, 2001, was approved.

  POINT OF ORDER

  Senator Gronstal raised the point of order regarding the Senate
  Journal of January 29, 2001.  Page 364 lists Senator Rittmer as the
  senator appointed to the IPERS Investment Board.  Senator Gronstal
  had been informed that Representative Metcalf had not been replaced
  yet by a Democratic representative, thereby creating an unauthorized
  partisan imbalance on the Board.

  The Chair stated that the matter would be taken under
  advisement.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 10:10 a.m.
  until 9:00 a.m. Tuesday, February 27, 2001.
  APPENDIX

  APPOINTMENTS FROM THE GOVERNOR

  The following appointees were submitted by the Governor to the
  Secretary of the Senate for Senate confirmation (all appointees are
  submitted as members unless otherwise specified):

   TERM
  BANKING, SUPERINTENDENT OF (Sec. 524.201)
  Holmes Foster, Des Moines	05/01/2001 - 04/30/2005

  BEHAVIORAL SCIENCE EXAMINERS, BOARD OF (Sec. 147.14(13))
  Elizabeth Shannahan, West Des Moines	07/01/2000 - 04/30/2002

  CHIROPRACTIC EXAMINERS, BOARD OF (Sec. 147.14(8))
  Steven Kraus, Carroll	05/19/2000 - 04/30/2002

  CITY DEVELOPMENT BOARD (Sec. 368.9)
  LaVon Griffieon, Ankeny	07/01/2000 - 04/30/2003
  James Halverson, Cedar Rapids	05/01/2000 - 04/30/2006

  CORRECTIONS, DIRECTOR OF THE DEPARTMENT OF (Sec. 904.107)
  Walter L. Kautzky, Des Moines	07/07/2001 - Pleasure of the Governor

  COUNTY FINANCE COMMITTEE (Sec. 333A.2)
  Kevin Wynn, Corning	08/28/2000 - 04/30/2003

  CULTURAL AFFAIRS, DIRECTOR OF THE DEPARTMENT OF (Sec. 303.1)
  Anita Walker Jessen, Des Moines	09/08/2000 - Pleasure of the Governor

  DRUG POLICY ADVISORY COUNCIL, IOWA (Sec. 80E.2)
  Ed Barnes, Des Moines	09/19/2000 - 04/30/2004
  Douglas Book, Forest City	09/19/2000 - 04/30/2004
  Pamela Dettmann, Sac City	09/19/2000 - 04/30/2001
  Diane Thomas, Manchester	09/19/2000 - 04/30/2003

  EDUCATIONAL EXAMINERS, BOARD OF (Sec. 272.3)
  Veronica Stalker, West Des Moines	07/01/2000 - 04/30/2003
  Jackie Wellborn, Iowa City	07/01/2000 - 04/30/2001

  EMPOWERMENT BOARD, IOWA (Sec. 28.3)
  Rebecca Burgart, Council Bluffs	01/03/2001 - 04/30/2003

  ENGINEERING AND LAND SURVEYING EXAMINING BOARD (Sec. 542B.3)
  Forrest Holly, Jr., Iowa City	05/30/2000 - 04/30/2003

  ENVIRONMENTAL PROTECTION COMMISSION (Sec. 455A.6)
  Lisa Davis Cook, West Des Moines	05/22/2000 - 04//30/2003
  GRAIN INDEMNITY FUND BOARD, IOWA (Sec. 203D.4)
  Thomas Kaldenberg, Albia	09/22/2000 - 04/30/2001

  HUMAN SERVICES, COUNCIL ON (Sec. 217.2)
  Sylvia Schoer, Sioux Rapids	10/18/2000 - 4/30/2005

  INFORMATION TECHNOLOGY COUNCIL (Sec. 14B.104)
  Mary Brandsgard, Davenport	08/18/2000 - 04/30/2004
  Cynthia Eisenhauer, Ankeny	08/18/2000 - 04/30/2002
  Sandra Glenn, Cedar Falls	08/18/2000 - 04/30/2004
  Diane Kolmer, West Des Moines	08/18/2000 - 04/30/2003
  Timothy Lapointe, Mason City	08/18/2000 - 04/30/2004
  Sharman Smith, Des Moines	08/18/2000 - 04/30/2003
  Rose Vasquez, Des Moines	01/17/2001 - 04/30/2002

  INFORMATION TECHNOLOGY DEPARTMENT, DIRECTOR OF THE (Sec. 14B.104)
  Richard J. Varn, Des Moines	04/26/2000 - Pleasure of the Governor

  INFORMATION TECHNOLOGY, ADMINISTRATOR OF THE ADMINISTRATION
  DIVISION OF THE DEPARTMENT OF (Sec. 14B.105)
  Sandra L. Dell, Urbandale	09/21/2000 - Pleasure of the Governor

  INFORMATION TECHNOLOGY, ADMINISTRATOR OF THE CUSTOMER LIAISON
  DIVISION OF THE DEPARTMENT OF (Sec. 14B.105)
  Sharon K. Sperry, Polk City	02/14/01 - Pleasure of the Governor

  INFORMATION TECHNOLOGY, ADMINISTRATOR OF THE DIGITAL
  GOVERNMENT BUREAU OF THE DEPARTMENT OF (Sec. 14B.107)
  Daniel A. Combs, Greenfield	09/21/2000 - Pleasure of the Governor

  INFORMATION TECHNOLOGY, ADMINISTRATOR OF THE OPERATIONS
  DIVISION OF THE DEPARTMENT OF (Sec. 14B.105)
  Russell F. Rozinek, Maxwell	09/21/2000 - Pleasure of the Governor

  INFORMATION TECHNOLOGY, ADMINISTRATOR OF THE POLICY AND
  PLANNING DIVISION OF THE DEPARTMENT OF (Sec. 14B.105)
  Deborah A. O'Leary, Urbandale	03/01/2000 - Pleasure of the Governor

  IOWACCESS ADVISORY COUNCIL (Sec. 14B.201)
  Quentin Boyken, West Des Moines	09/21/2000 - 04/30/2003
  Marsha Carter, Defiance	08/31/2000 - 04/30/2003
  Gail Flagel, Montezuma	08/31/2000 - 04/30/2003
  Jane Ginapp, Mason City	08/31/2000 - 04/30/2002
  Kelly Hayworth, Coralville	08/31/2000 - 04/30/2004
  Craig Hiemstra, Clive	08/31/2000 - 04/30/2004
  Carol Johnson, Cedar Falls	08/31/2000 - 04/30/2002
  Corlis Moody, Des Moines	08/31/2000 - 04/30/2002
  Richard Neri, Waukee	08/31/2000 - 04/30/2004
  Julie Newby, Council Bluffs	08/31/2000 - 04/30/2004
  Bob Skow, Dallas Center	08/31/2000 - 04/30/2003
  Herbert Strentz, Urbandale	08/31/2000 - 04/30/2004
  John Wellman, Des Moines	08/31/2000 - 04/30/2003
  IOWA FINANCE AUTHORITY, EXECUTIVE DIRECTOR OF (Sec. 16.6)
  Michael L. Tramontina, Des Moines	06/19/2000 - Pleasure of the Governor

  IOWA FINANCE AUTHORITY (Sec. 16.2)
  Richard Wright, Des Moines	10/16/2000 - 04/30/2001

  LEWIS AND CLARK BICENTENNIAL COMMISSION, IOWA (Sec. 15.221)
  Mark Monson, Sergeant Bluff	10/18/2000 - 04/30/2003
  Kari Sliva, Underwood	10/18/2000 - 04/30/2003

  MASSAGE THERAPY EXAMINERS, BOARD OF (Sec. 147.17)
  Debra Brooks, Walford	08/08/2000 - 04/30/2003
  Justin Fisher, Shenandoah	08/08/2000 - 04/30/2002

  MEDICAL EXAMINERS, BOARD OF (Sec. 147.14(2))
  Michael Byrne, Davenport	07/01/2000 - 04/30/2001
  Susan Johnson, Iowa City	06/12/2000 - 04/30/2002

  NATURAL RESOURCE COMMISSION (Sec. 455A.5)
  Richard Francisco, Lucas	07/01/2000 - 04/30/2003

  NATURAL RESOURCES, DIRECTOR OF THE DEPARTMENT OF (Sec. 455A.3)
  Jeffrey R. Vonk, Davis, California	03/14/01 - Pleasure of the Governor

  NURSING HOME ADMINISTRATORS, STATE BOARD OF EXAMINERS FOR (Sec. 155.2)
  Susan Frey, Villisca	11/29/2000 - 04/30/2003
  Judy Weller, Pomeroy	11/28/2000 - 04/30/2001

  PEACE OFFICERS' RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM
  TRUSTEE (Sec. 97A.5)
  Terrance Lillis, Urbandale	08/28/2000 - 04/30/2002

  PHARMACY EXAMINERS, BOARD OF (Sec. 147.14(5))
  Paul Abramowitz, Coralville	09/07/2000 - 04/30/2002

  PODIATRY EXAMINERS, BOARD OF (Sec. 147.14(1A))
  Angela Langrehr, Des Moines	01/03/2001 - 04/30/2002

  REAL ESTATE APPRAISER EXAMINING BOARD (Sec. 543D.4)
  Cindy Hansen, Algona	10/16/2000 - 04/30/2003

  RENEWABLE FUELS AND COPRODUCTS ADVISORY COMMITTEE (Sec. 159A.4)
  Karen Andersen-Schank, Des Moines	10/09/2000 - 04/30/2003

  SMALL BUSINESS ADVISORY COUNCIL (Sec. 15.108(7h))
  Alison Doyle, Ames	05/01/2000 - 04/30/2002
  Nicholas Henderson, West Des Moines	01/08/2001 - 04/30/2001

  TAX REVIEW, STATE BOARD OF (Sec. 421.1)
  Courtney Kay-Decker, Davenport	07/18/2000 - 04/30/2001
  TOBACCO USE PREVENTION AND CONTROL, COMMISSION ON (Sec. 142A.3)
  Gilda Bettis, Shenandoah	07/01/2000 - 04/30/2003
  Kermit Dahlen, Hinton	07/01/2000 - 04/30/2003
  Dixie Daugherty, Mount Sterling	07/01/2000 - 04/30/2002
  Randy Meyer, Johnston	07/01/2000 - 04/30/2003
  Frank O'Connor, Dubuque	07/01/2000 - 04/30/2002
  Paul Pomrehn, Iowa City	07/01/2000 - 04/30/2001
  Sharon Wellendorf, Ida Grove	07/01/2000 - 04/30/2001

  VISION IOWA BOARD, CHAIRPERSON OF THE (Sec. 15F.102)
  Michael Gartner, Des Moines	07/01/2000 - 06/30/2003

  VISION IOWA BOARD, VICE CHAIRPERSON OF THE (Sec. 15F.102)
  Dianne Paca, Garner	07/01/2000 - 06/30/2003

  VISION IOWA BOARD (Sec. 15F.102)
  Marvin Berenstein, Sioux City	07/01/2000 - 06/30/2003
  Mary Ellen Chamberlin, Davenport	07/01/2000 - 06/30/2002
  Gregg Connell, Shenandoah	07/01/2000 - 06/30/2001
  Swati Dandekar, Marion	07/01/2000 - 06/30/2003
  Sharon Juon, Waterloo	07/01/2000 - 06/30/2002
  Jerry Kearns, Keokuk	07/01/2000 - 06/30/2001
  Bradford Parks, Dubuque	07/01/2000 - 06/30/2002
  LaMetta Wynn, Clinton	07/01/2000 - 06/30/2001

  The appointments were referred to the committee on Rules and
  Administration.

  WITHDRAWAL OF GOVERNOR'S APPOINTEE

  The following letter from the Governor was received in the office of
  the Secretary of the Senate on February 26, 2001:

  Jacquelyn Wellborn was appointed to the Board of Educational Examiners in
  July
  of 2000.  She recently resigned from the position.  Because the Senate has
  not yet acted
  upon that appointment, I withdraw her name from further consideration by the
  Senate.

  Sincerely,
  THOMAS J. VILSACK
  Governor

  COMMUNICATIONS RECEIVED

  The following communications were received in the office of the
  Secretary of the Senate and placed on file in the Legislative Service
  Bureau:
  February 26, 2001

  DEPARTMENT OF ECONOMIC DEVELOPMENT

  Annual report relating to progress toward the goals and objectives of the
  Targeted
  Small Business Program and the Targeted Small Business Financial Assistance
  Program, pursuant to Iowa Code section 15.108.

  Community Economic Betterment Account (CEBA) Annual Report Fiscal Year 2000.

  EXPLANATION OF VOTES

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on
  February 15, 2001, when the votes were taken on Senate Files 94 and 144.
  Had I been
  present, I would have voted "Aye" on both.

  MAGGIE TINSMAN

  INTRODUCTION OF BILLS

  Senate File 277, by committee on State Government, a bill for an
  act relating to the financial operations and transactions of the
  information technology department.

  Read first time under Rule 28 and placed on calendar.

  Senate File 278, by committee on Natural Resources and
  Environment, a bill for an act relating to the taking of fish and game
  by increasing fees for hunting, fishing, harvesting, and related
  licenses, providing for additional licenses and fees, for deer
  management plans, and for other properly related matters, and
  providing effective and applicability dates.

  Read first time under Rule 28 and placed on calendar.

  Senate File 279, by committee on Commerce, a bill for an act
  relating to allocation and payment of expenses arising from
  performance of duties by the Iowa utilities board and the consumer
  advocate, providing for a report by the Iowa utilities board, and
  providing an effective date.

  Read first time under Rule 28 and placed on calendar.
  Senate File 280, by Lamberti, a bill for an act establishing a
  disabled employment opportunities program and fund and making an
  appropriation.

  Read first time under Rule 28 and referred to committee on
  Appropriations.

  Senate File 281, by Lamberti, a bill for an act relating to
  jurisdiction in criminal forfeiture proceedings.

  Read first time under Rule 28 and referred to committee on
  Judiciary.

  Senate File 282, by Lamberti, a bill for an act relating to the
  jurisdiction of district associate judges.

  Read first time under Rule 28 and referred to committee on
  Judiciary.

  Senate File 283, by Bolkcom, a bill for an act reducing the
  number of envelopes used in absentee voting from two to one.

  Read first time under Rule 28 and referred to committee on State
  Government.

  Senate File 284, by Bolkcom, a bill for an act relating to combined
  absentee ballot and voter registration requests.

  Read first time under Rule 28 and referred to committee on State
  Government.

  Senate File 285, by Bolkcom, a bill for an act relating to the
  elderly services program and making an appropriation.

  Read first time under Rule 28 and referred to committee on
  Appropriations.

  Senate File 286, by Hammond, Harper, Horn, Shearer, Kibbie,
  Hansen, Fraise, Soukup, Holveck, Bolkcom, Fink, Deluhery, Dvorsky,
  and Dearden, a bill for an act relating to the definition of factory-built
  structures, the relocation of factory-built structures, the certification
  of installers of manufactured homes, and providing a fee, an
  appropriation, and a civil penalty.

  Read first time under Rule 28 and referred to committee on
  Commerce.

  Senate File 287, by Flynn, a bill for an act providing for
  exceptions to municipal tort liability for freestyle or mountain biking.

  Read first time under Rule 28 and referred to committee on
  Judiciary.

  Senate File 288, by Veenstra, a bill for an act relating to the
  applicability of tax credits to certain cooperatives under the new jobs
  and income and enterprise zone programs and including effective and
  retroactive applicability date provisions.

  Read first time under Rule 28 and referred to committee on Small
  Business, Economic Development, and Tourism.

  Senate File 289, by Flynn, a bill for an act relating to open burn
  notifications and providing a penalty.

  Read first time under Rule 28 and referred to committee on Local
  Government.

  Senate File 290, by Lamberti, a bill for an act relating to the
  property tax exemption for methane gas and other gas conversion
  property and providing a retroactive applicability date and an
  effective date.

  Read first time under Rule 28 and referred to committee on Ways
  and Means.

  Senate File 291, by Dvorsky, a bill for an act relating to motor
  vehicle child restraint requirements and providing a penalty.

  Read first time under Rule 28 and referred to committee on
  Transportation.
  SUBCOMMITTEE ASSIGNMENTS

  Senate File 231

  NATURAL RESOURCES AND ENVIRONMENT:  Freeman, Chair; Bartz and Kibbie

  Senate File 272

  NATURAL RESOURCES AND ENVIRONMENT:  Sexton, Chair; Black and Miller

  Senate File 273

  NATURAL RESOURCES AND ENVIRONMENT:  Sexton, Chair; Fink and Lundby

  COMMITTEE REPORTS

  COMMERCE

  Final Bill Action:  *SENATE FILE 279 (SSB 1130), a bill for an act relating
  to
  allocation and payment of expenses arising from performance of duties by the
  Iowa
  utilities board and the consumer advocate, providing for a report by the
  Iowa utilities
  board, and providing an effective date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  Johnson, Schuerer, Deluhery, Bolkcom, Freeman,
  Gronstal,
  Hansen, Jensen, King, Lundby, Maddox, McCoy, Redfern, and Redwine.  Nays,
  none.
  Absent or not voting, 1:  Flynn.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the Commerce Committee on Senate File 279, and
  they
  were attached to the committee report.

  NATURAL RESOURCES AND ENVIRONMENT

  Final Bill Action:  *SENATE FILE 278 (SSB 1027), a bill for an act relating
  to the
  taking of fish and game by increasing fees for hunting, fishing, harvesting,
  and related
  licenses, providing for additional licenses and fees, for deer management
  plans, and for
  other properly related matters, and providing effective and applicability
  dates.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 13:  Sexton, Bartz, Fink, Black, Bolkcom, Dearden,
  Deluhery,
  Drake, Freeman, Johnson, Kibbie, Miller, and Rittmer.  Nays, none.  Absent
  or not
  voting, 2:  Lundby and McLaren.

  Fiscal Note:  REQUIRED UNDER JOINT RULE 17.
  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the Natural Resources and Environment Committee on
  Senate File 278, and they were attached to the committee report.

  STATE GOVERNMENT

  Final Bill Action:  *SENATE FILE 277 (SSB 1099), a bill for an act relating
  to the
  financial operations and transactions of the information technology
  department.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 15:  King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden,
  Deluhery,
  Drake, Fink, Jensen, Maddox, McKean, McLaren, Rittmer, and Sexton.  Nays,
  none.
  Absent or not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the State Government Committee on Senate File 277,
  and
  they were attached to the committee report.
  418	JOURNAL OF THE SENATE	50th Day
  50th Day	MONDAY, FEBRUARY 26, 2001	419

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