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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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