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SECOND CALENDAR DAY
SECOND SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, January 10, 1995
The Senate met in regular session at 9:03 a.m., President Boswell
presiding.
Prayer was offered by the Honorable Leonard L. Boswell, member of
the Senate from Decatur County, Davis City, Iowa.
The Journal of Monday, January 9, 1995, was approved.
INTRODUCTION OF BILLS
Senate File 9, by Hansen, a bill for an act relating to the
performance of duties of the office of recorder on abolition of the
office and the filing of documents and providing an effective date and
for retroactive applicability.
Read first time and passed on file.
Senate File 10, by Kibbie, a bill for an act relating to the
appointment and senate confirmation of the executive director of the
office of the state board of regents and providing an effective date.
Read first time and passed on file.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 45 present, 5 absent and a quorum present.
ADOPTION OF RESOLUTIONS
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
immediate consideration Senate Concurrent Resolutions 3 and 4.
Senate Concurrent Resolution 3
On motion of Senator Gronstal, Senate Concurrent Resolution 3, a
concurrent resolution relating to the compensation of chaplains,
officers and employees of the seventy-sixth general assembly, was taken
up for consideration.
Senator Gronstal moved the adoption of Senate Concurrent Resolution
3.
A non record roll call was taken.
The ayes were 43, nays none.
The motion prevailed and the resolution was adopted.
Senate Concurrent Resolution 4
On motion of Senator Gronstal, Senate Concurrent Resolution 4, a
concurrent resolution relating to the compensation of employees of the
central legislative staff agencies for the seventy-sixth General
Assembly, was taken up for consideration.
Senator Gronstal moved the adoption of Senate Concurrent Resolution
4.
A non record roll call was taken.
The ayes were 47, nays none.
The motion prevailed and the resolution was adopted.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate
Concurrent Resolutions 3 and 4 be immediately messaged to the House.
The Senate stood at ease at 9:18 a.m. until the fall of the gavel.
The Senate resumed session at 9:37 a.m., President Boswell
presiding.
INTRODUCTION OF BILLS
Senate File 11, by Priebe, a bill for an act relating to requiring
good cause before a mobile home landlord may cancel a rental agreement.
Read first time and passed on file.
Senate File 12, by Vilsack, a bill for an act relating to the
enhancement of a sentence for a conviction of sexual assault which
involves the knowing transmission of the human immunodeficiency virus.
Read first time and passed on file.
Senate File 13, by Szymoniak, Bartz, Kramer, and Murphy, a bill for
an act relating to the establishment of a decision-making process for
prospective minor parents, providing penalties, and providing effective
dates.
Read first time and assigned to the committee on Human Resources.
COMMITTEE FROM THE HOUSE
A committee from the House appeared and announced that the House
was ready to receive the Senate in joint convention.
JOINT CONVENTION
The joint convention reconvened at 9:44 a.m., President Boswell
presiding.
Senator Horn moved to dispense with the roll call and to authorize
the President of the joint convention to declare a quorum present, which
motion prevailed by a voice vote.
President Boswell declared a quorum present and the joint
convention duly organized.
Senator Horn moved that a committee of six, consisting of three
members from the Senate and three members from the House, be appointed
to notify Governor Branstad that the joint convention was ready to
receive him.
The motion prevailed by a voice vote and the Chair announced the
appointment of Senators Vilsack, Flynn and Borlaug on the part of the
Senate, and Representatives Gries, Cormack and Drees on the part of the
House.
Chief Justice McGiverin and the Justices of the Supreme Court and
Chief Judge Donielson and the Judges of the Court of Appeals were
escorted into the House chamber.
Mrs. Chris Branstad, wife of the Governor; Edward and Enolia
Branstad, Governor Branstads father and his wife; and Dick and Clara
Johnson, parents of Mrs. Branstad were escorted into the House chamber.
The following guests were escorted into the House chamber:
Lieutenant Governor Joy Corning; Secretary of State, Paul Pate;
Treasurer of State, Michael Fitzgerald; Secretary of Agriculture, Dale
Cochran; State Auditor, Richard Johnson; and Attorney General, Tom
Miller.
The committee waited upon Governor Branstad and escorted him to the
Speakers station.
President Boswell then presented Governor Branstad who delivered
the following condition of the state and budget address:
Mr. President, Mr. Speaker, Mr. Chief Justice, Justices and Judges,
State Officials, Senators and Representatives, Distinguished Guests and
Friends.
Before I begin this morning, Id like to welcome all of the members
of th General Assembly -- especially the new ones. I know what its
like to be ur place filled with energy, excitement, and a desire to go
to work. I once sat where you are sitting and, today, I am even more
energetic, more excited, and more willing to go to work for the people
of this state than ever before.
For those of you expecting a challenging and exciting time, this is
the year. I am offering a most ambitious legislative program and we
will be grappling some of the biggest issues in years. Let us resolve
here today that we will work sde-by-side, freshman and veterans,
Democrat and Republican, House and Senate, Legislature and Governor to
set an agenda of progress and opportunity for the people of this great
state.
Today, it is my job to report on the condition of our state and our
plans for the future. The condition of the state is excellent.
Our economy is robust; our communities are rebounding, and our
families are resilient. The Iowa spirit is stronger than ever.
When the history books are written on this time in our state,
they'll surely record that the year 1993 was the year of the Great
Flood, and the year 1994 was the year of the Great Recovery in Iowa.
That recovery from the mud, the devastation, the washed-away dreams was
not only remarkable, it was truly incredible. And it truly represents
one of the state's finest years.
Consider, for example, that:
Today, more Iowans are working than ever before in our history and
our unemployment rate is half the national average.
Today, our economy is stronger and more diverse. Our bin busting
crop was the biggest in history and it caused our farm exports to
continue to rise. And, for the first time ever, we exported as much
from our factories as we did from our farms.
Today, communities, large and small, are welcoming back the sons
and daughters of Iowa who once left for better jobs and now are coming
home to good jobs and strong families.
Today, Iowa students continue to score highest on their ACT and SAT
scores.
Today, our state budget is in its best shape in 20 years. Last
year, we spent 4.3% less than taken in -- the best record of all fifty
states.
This incredible story of recovery is worthy of button-popping
pride. But we Iowans don't strut. We know this story was written only
with God's help. We know that our record of recovery was made possible
by sticking to the core values that make us special.
Growing up in Iowa, we were taught certain qualities which are good
and right: a solid work ethic, honesty, a belief in God, and a
commitment to public service. We may not have known it back then, but
those things our parents and teachrs instilled in us comprise the heart
of what it means to be an Iowan. And it is those values that turned a
flood into a recovery.
Our Iowa spirit and values have been tested more in the past decade
than ever before. Whether it be a farm crisis, natural disaster, or
budget problems, Iowans have met and passed those tests. We made it
through the hard times with our state and our character intact and
stronger than ever.
Today, we are over the hump. The journey we are on is no longer
merely one of recovery. We must now choose a path to progress and
opportunity.
Will Rogers once said, Even if you're on the right track, you'll
get run over if you just sit there. I firmly believe that if the
progress and opportunities we are experiencing are to continue, we have
to do more than just take the path -- we have to keep moving and pick up
the pace.
1994 was a year when Iowa was engaged in a vigorous debate
over the course of their future. Out of all the sound and the fury of
that long, political campaign came a few unmistakable messages from
Iowans.
Iowans want govemment to tax less and do only what it must do
better.
Iowans want better quality jobs and the highest standard of living
in our state's history.
Iowans want welfare to mean work and responsibility and not
dependence.
Iowans want to feel safer in their homes and in their communities.
Iowans want the best education system in the world for their
children.
In 1994, the people of Iowa spoke -- less government, lower taxes,
better reformed welfare, safe communities, the best education -- that is
their message.
Now, here in 1995, it is our job to govern accordingly.
And that is exactly what I plan to do. The budget and program I am
presenting to you mirrors these goals and will help make this -- the
1990's -- Iowa's best decade ever.
First, we must cut taxes. Iowa families and business pay too much
in income and property taxes to government and keep too little of their
hard earned money to help our economy grow. Our state income tax is too
high -- it drives people out of our state. Our property taxes are too
high -- they burden investment, job creation, agricultural production,
and home ownership. Income and property must be cut.
With the condition of our budget, there is no state in the nation
that is better positioned to reduce the tax burden on its citizens than
we are today. And, there is no reason why we should not act now.
I am proposing an across-the-board 15% cut in income tax rates for
all Iowa taxpayers. This will make our state more competitive. The
facts show that the states that cut income taxes experience greater
economic growth than those that do not.
We can never forget that the money which may look like a line on a
budget is the hard-earned income of hard-working Iowans. The best
opportunity we can provide and the best incentive for progress is to let
the people of Iowa take home more in their paycheck.
Property taxes must also be reduced. We will do that by
controlling mental health care costs and by having the state pick up a
bigger share. To ensure taxpayers that this will be translated into
lower property taxes, we should require that additional state aid to
counties be met dollar-for-dollar with property tax reductions.
One of the best ways to control taxes in the future is to
pass the Taxpayers Rights Amendment to the Iowa Constitution.
This measure will ve citizens greater control over their taxes and
will force government to live within its means.
Second, we must attract better paying jobs to Iowa.
Iowa is one of the few states in the Midwest to tax investment in
machinery and equipment that is needed for high-paying manufacturing
jobs. We must begin eliminate the property tax on all machinery and
equipment this year. The plan I am recommending will eliminate the tax
over the next six years, reimbursing local governments for any lost
revenue.
We need to give small businesses the advantages of the
single-factor formula and modify the sales tax on printing supplies to
make us more competitive. These changes will lead to additional
progress and opportunity and will have a lasting effect on the economic
development of our state.
Our new tourism slogan, Iowa, You Make Me Smile, captures our pride
in Iowa. By sharing Iowa's treasures, we have made tourism into our
third largest industry.
Just a week ago, the Des Moines Register declared 1995 to be the
Year of Iowa. With our sesquicentennial just around the corner in 1996,
our state parks rating their 75th anniversary this year, and the soon to
be released movie, The Bridges of Madison County, we have a golden
opportunity to showcase our state and really show the world what Iowa
has to offer.
The strength of many of our communities depends on our farmers'
success. The passage of NAFTA and GATT present unparalleled
opportunities for Iowa farmers. But Iowa farmers also face major
challenges. The livestock industry is changing rapidly and we must
help our family farmers compete. Last year alone, Iowa lost 18% of its
swine breeding stock. We cannot, we must not, we will not lose the
livestock industry in Iowa. We must act responsibly this year to make
sure of that.
I am recommending an ambitious livestock incentive, which will
provide a property tax credit targeted to help our family farms. Our
livestock initiative is designed to help our farmers modernize and to
make them more competitive while protecting the environment.
Value-added products are the future of Iowa agriculture and we need
to recognize that greater world trade opportunities lie in the sale of
finished products. Iowa Quality Meats and exciting new products made
from corn and soybeans are being shipped to all parts of the world. By
developing new markets and uses for our agricultural products, we are
strengthening the future of family farmers.
Third, we must make Iowa safer. Over the past few years the
specter of violent crimes has frightened and touched too many Iowans.
The heinous crimes we all heard about over the past year must stop.
Although our crime rate is one of the lowest in the country, every
tragic crime sends a ripple through this state -- a shockwave of
uncertainty. We must act now to make certain that the seeds of violent
crime that have been sown throughout the country do not take root here
in Iowa. Iowa must be a safe place.
Iowa is one of a shrinking number of states that has no death
penalty under any circumstances. I believe we need to restore the death
penalty for serial killers, lifers who kill again, and rapists or
kidnappers who murder their victims. An overwhelming majority of Iowans
support this action and they should no longer be ignored.
No criminal should go free because we are short of prison space.
The state i building a new 750 bed prison and I am recommending we add
another 750 bed prison this year. Even though we may not be able to
repeat the bargain we got with the Clarinda prison, we should see to it
that we get the most for our money again.
When a violent criminal is given a sentence, they should serve
their time. Parole for the most violent criminals should be eliminated
to keep hardened criminals in prison and out of our communities.
One of the most frightening trends in Iowa and throughout the
nation is the dramatic increase in crimes committed by juveniles.
Juveniles who commit adult crimes should be tried as adults. We need to
take a tough love approach that holds them accountable for their
actions.
Taking a gun to school should be a felony and anyone convicted
should lose their firearms rights for life. School officials and
teachers should be given the authority they need to maintain discipline
and order. To do that, it's time toget rid of the 24-hour notice for
locker searches.
New options in the prevention of juvenile crime must also be
explored. I am recommending the establishment of a truancy pilot
project. Kids that fail to lie by the rules in school or at home need
a more structured environment where they learn the meanings of
respect and responsibility.
Fourth, we must continue to reform our welfare system to make it
work even harder. Iowa has been at the forefront in welfare reform.
Our emphasis is on making work pay, and today we have more welfare
recipients working than any other state in the nation.
We must strengthen our emphasis on work and accountability that
reinforce our Iowa values. Welfare should not promote dependency or
divide families. Our family investment policy is designed to instill
the values of hard work, parental responsibility, and self-sufficiency
to those in need.
We can develop a strong work ethic by encouraging teens, whose
families receive public assistance, to work. If a teenager is in the
full-time pursuit of a high school diploma, any earnings from a
part-time job should not cause his or her family's assistance to be
reduced. Young people need to learn that work is a good thing.
Parental responsibility is something young people must have
instilled in them at an early age. Teenage parents should be required
to attend parenting classes and live with their parents. Kids who have
kids don't have the experience of life to guide them through the
challenges of parenthood. All teenage parents should be required to pay
some child support -- regardless of their circumstances. We cannot
continue to reward irresponsibility.
One of the greatest tragedies of modern America is the number of
teenage parents who do not finish high school. And there is too much
of that here in Iowa, too. We should require parents who are under 18
and receiving welfare to either have completed high school or be in the
fulltime pursuit of their diploma. A high school education is essential
to the teenage parent's future and the future of their children.
Fifth, we must give our children the best education in the world.
The foundation of all future progress and opportunities lies in our
historic commitment to the education of our children. Iowa's first in
the nation schools, dedicate teachers, and involved parents and
communities have made education a great source of pride for the people
of this state.
Through the farm crisis and all of the challenges we faced in the
1980's, we always found the resources for our schools. While 48 of the
50 states lessen their commitment to education during that time, we,
here in Iowa, held firm.
The budget I will present to you continues that commitment.
Education will rceive an increasing share of our resources.
In addition, to allowable growth in school budgets, I am proposing
a School Improvement Program. This innovative program will add an
additional $15 million a year for the next four years in state aid to
local schools. I believe that with additional resources and the
flexibility they need, our schools can compete with the best in the
world.
We are the best in the nation. But we can't rest on our laurels;
now we must become the best in the world.
Last month, Newsweek magazine carried an article about the Iowa
Communications Network entitled, We've Seen the Future. It's in Iowa.
This year, 100,000 hours of two-way interactive classes will be
conducted using ICN. The investment we made in ICN several years ago is
one that is benefiting Iowa's schoolchildren today and whose benefits
will be shown most clearly through the next generation of Iowans. The
next step is to route the information superhighway to every school
district in this state.
Iowans have a great deal of pride in the quality and diversity of
our higher education. Iowa ranks in the top ten in the nation for state
support of higher education. Our state universities, community colleges
and independent colleges and universities are great assets in dozens
of communities throughout the stateand they provide Iowans of all ages
and backgrounds with the opportunity to reach their full potential.
A national magazine recently rated the University of Iowa and Iowa
State University among the fifty best buys in public higher education.
The University of Northern Iowa was rated as the most efficient
university in the Midwest and the safest campus community in the nation.
Competitive salaries for faculty have helped to attract some of the
world's brightest minds so that Iowans are getting an excellent higher
education at a reasonable price.
Iowa's independent colleges and universities attract students from
Iowa and out-of-state. Seventy percent of those students remain in our
state to live and work. With the increase I am recommending in the Iowa
Tuition Grant, more Iowa kids will have access to the Iowa college or
university of their choice.
Iowa's community colleges have become key partners in both our
education and economic development strategy. They have proven to be an
invaluable resource in technology and job training as well as lifelong
learning.
There are other key action steps that I am asking you to take in
this ambitious agenda for Iowa's future. We should improve access to
affordable health careby:
Allowing farmers and other self-employed Iowans to deduct all of
their health insurance premiums on both their federal and state income
taxes;
Reforming our medical insurance malpractice system to reduce costs
by preventing unnecessary lawsuits and capping certain damage awards;
and
Putting a safety net in place so that all Iowans are assured access
to a standard insurance policy at an affordable price.
Our ethics and campaign finance disclosure laws also need to be
strengthen requiring state officials to make a full financial disclosure
and limiting the size of contributions from special interest PACs and
individuals. And, anyone who is being compensated to influence public
policy should be required to register as a lobbyist and disclose all
compensation received.
The condition of the State of Iowa in 1995 is strong and getting
stronger. The Reverend Robert Schuller, a native of Sioux County, says
that tough times last, but tough people do. That certainly describes
Iowa in the 1980's. Those tough times didn't last, but the tough people
of Iowa did.
And in 1994 those people spoke. We, as their servants must respond
in 1995. We must cut taxes, reduce the size of state government, help
create better jobs, crack down on criminals, reform welfare, and give
our children the best education in the world. That is our mission for
1995 -that is our agenda for the future.
Remember the warning given by the American philosopher, George
Santayana:
Those who cannot remember the past are condemned to repeat it.
In the past, there were those who put government first and the
people second. We must put Iowa families first in our minds, in our
hearts, and in our actions.
As your Governor, I plan to focus all of my energies, all of my
efforts, on getting this job done. This is no time for politics; it is
time for, governing for the good of our people.
I pledge to work with you, all of you, and to seek your help to get
the job done. But I want you to know, I will call them as I see them,
unencumbered by any interest, except a burning desire to make Iowa the
best it can be.
1995 offers us a time of unprecedented opportunity to make
these years the glory years in Iowa. As we approach the 150th birthday
of our state, let no one ever say that we let that opportunity slip
through our fingers.
As certain as the sun rises in the East, Iowa is destined to shine
among all the states in the heartland of this great nation. With your
help and the help of all Iowans, I will do my best to guide Iowa to its
destiny. These can and will be Iowa's greatest years.
Thank you. God Bless you and God bless the State of Iowa.
Governor Branstad was escorted from the House chamber by the
committee previously appointed.
On motion of Representative Seigrist, the joint convention recessed
at 10:33 a.m. until 8:45 a.m., Friday, January 13, 1995, at Veterans
Memorial Auditorium.
The Senate returned to the Senate chamber and resumed regular
session, President Boswell presiding.
RECESS
On motion of Senator Flynn, the Senate recessed at 10:45 a.m.,
until 1:15 p.m.
APPENDIX
REPORT OF THE COMMITTEE ON
RULES AND ADMINISTRATION
MR. PRESIDENT: Pursuant to Senate Concurrent Resolution 3, your
committee on Rules and Administration submits the following names of
officers and employees of the Senate for the Seventy-sixth General
Assembly, 1995 Session, and their respective classifications, grades and
steps:
Class Grade Step
Secretary of the Senate John F. Dwyer P-FT
$60,382.40
annual
Assistant Secretary
of the Senate III Cynthia A. Clingan P-FT
38 4
Sr. Caucus Staff Director Debbie OLeary P-FT
41 -1
Sr. Administrative Assistant
to Majority Leader Gregory Nichols P-FT
38 5
Administrative Assistant
to Minority Leader II Stephanie Laudner P-FT
32 2
Administrative Assistant
to President II John Cacciatore P-FT
32 2
Administrative Assistant
to Leader I Julie Simon P-FT 29 3
Sr. Legislative Research
Analyst William Haigh P-FT 38
1
Sr. Legislative Research
Analyst James Boose P-FT 38 2
Legislative Research
Analyst III Theresa Kehoe P-FT 35
3
Legislative Research
Analyst III Steve T. Conway P-FT 35
3
Legislative Research
Analyst III Suzanne Johnson P-FT 35
3
Legislative Research
Analyst III Randy Bauer P-FT 35 2
Legislative Research
Analyst III Carolann Jensen P-FT 35
3
Legislative Research
Analyst II Curt Stamp P-FT 32 2
Legislative Research
Analyst II Ann Molis P-FT 32 2
Legislative Research
Analyst II Robyn Mills P-FT 32 2
Legislative Research
Analyst Linda Santi P-FT 27 3
Research Assistant L. Day Barnes P-FT
24 2
Caucus Secretary Mary Bustad P-FT 21
6
Caucus Secretary Kristin Ripperger P-FT
21 1
Executive Secretary
to Minority Leader Vicki Davis E-FT 24
4
Administrative Secretary
to the President Mary Ann Peer E-FT
21 6
Administrative Secretary
to the Secretary LuAnn Randelman S-O
21 1
Confidential Secretary
to Secretary Lori Bristol P-FT 27 4
Senior Journal Editor C.J. Kelly P-FT 30
6
Journal Editor II Teri Souer P-FT 25
2
Assistant to Legal Counsel Lois Brownell S-O
19 1
Senior Finance Officer Linda Laurenzo P-FT
31 2
Assistant Finance Officer Nancy Gibson P-FT 21
6
Recording Clerk Madonna Hauge S-O
21 1
Journal Recording Clerk Linda Morrow S-O 21
2
Indexer II Caryll Wilbur P-FT 25
6
Indexing Assistant Kathleen Curoe P-FT
19 5
Records and Supply Clerk Mary Buban S-O 18
6
Switchboard Operator Charles Stessman S-O
14 1
Switchboard Operator Kimberly Russell S-O
14 1
Legislative Secretary Mary Lou Aspengren S-O
16 1
Legislative Secretary Carla Banks S-O 16
2
Legislative Secretary Barbara Bennett S-O
16 3
Legislative Secretary Susan Cowden S-O 16
1
Legislative Secretary Valerie Hansen S-O
16 1
Legislative Secretary Jane Hughes S-O 16
1
Legislative Secretary Alleen Hedge S-O 18
3
Legislative Secretary Kim Jensen S-O 16
2
Legislative Secretary Myrtle Jensen S-O
16 4
Legislative Secretary Jeanine Iverson S-O
16 2
Legislative Secretary Sue Jennings S-O 16
3
2
Legislative Secretary Gay Leverich S-O 16
5
2
Legislative Secretary Kaye Lozier S-O 18
2
Legislative Secretary Clare Kelly S-O 16
1
Legislative Secretary Marlene Martens S-O
16 1
Legislative Secretary Carole Peterson S-O
18 4
2
Legislative Secretary Jason Rensink S-O
17 2
Legislative Secretary Marilyn Rensink S-O
16 4
2
Legislative Secretary Paige Roberson S-O
18 1
Legislative Secretary Diane Schrage S-O
16 2
Legislative Secretary Janette Weber S-O
18 1
Legislative Secretary Betty Wise S-O 17
6
2
Legislative Secretary Beverly Zieman S-O
16 2
Legislative Committee Secretary Eleanor Barnhill
S-O 18 2
Legislative Committee Secretary Holly Armstrong
S-O 18 1
Legislative Committee Secretary Anne Black S-O
18 1
Legislative Committee Secretary Jean Cooper S-O
18 1
Legislative Committee Secretary JoAnn Wengert
S-O 17 4
Legislative Committee Secretary Faye Fraise S-O
18 3
Legislative Committee Secretary Scott Foval S-O
18 1
Legislative Committee Secretary Jean Goudy S-O
18 4
Legislative Committee Secretary Sally Gallagher
S-O 18 6
2
Legislative Committee Secretary Mary Ann Gass
S-O 18 3
Legislative Committee Secretary Mary Gettings
S-O 18 3
Legislative Committee Secretary Glenda Gorsh S-O
18 2
Legislative Committee Secretary Jo Ann Hanover
S-O 18 4
2
Legislative Committee Secretary Dorothy Husak
S-O 18 4
Legislative Committee Secretary Brenda Huyser
S-O 18 3
Legislative Committee Secretary Bob Halvorson
S-O 17 1
Legislative Committee Secretary Kay Kibbie S-O
18 2
Legislative Committee Secretary Jeanne Heller
S-O 18 3
2
Legislative Committee Secretary Mary Madsen S-O
17 1
Legislative Committee Secretary Machelle Shaffer
S-O 17 2
1
Legislative Committee Secretary Barb Rogers S-O
18 2
Legislative Committee Secretary William Vens S-O
18 1
Legislative Committee Secretary Nancy Wayman S-O
18 1
Legislative Committee Secretary Jo Ann West S-O
18 5
2
Bill Clerk Jay Mosher S-O 14 1
Postmaster Eleanor Hesseling S-O 12
3
Sergeant-at-Arms William Krieg S-O
17 3
Assistant Sergeant-at-Arms Lynn Brandt S-O 14
3
Chief Doorkeeper Ray J. Prosperi S-O
12 5
Doorkeeper Svend Christensen S-O 11
3
Doorkeeper George Finkenauer S-O 11
2
Doorkeeper Arnold Boyum S-O 11 2
Doorkeeper Gaylard Parrish S-O 11
1
Doorkeeper Robert Langbehn S-O 11
2
Doorkeeper E.A. Samuelson S-O 11
4
Page Kate Agena S-O Minimum Wage
Page Wendi Boxx S-O Minimum Wage
Page Melissa Courtney S-O Minimum
Wage
Page Ben Dickerson S-O Minimum
Wage
Page Bill Grady S-O Minimum Wage
Page Anna Halbur S-O Minimum Wage
Page Autumn Heath S-O Minimum Wage
Page Christine Ingraham S-O Minimum
Wage
Page Sarah Kueter S-O Minimum Wage
Page Tony Lengeling S-O Minimum
Wage
Page Scott Peters S-O Minimum Wage
Page Melissa Petersen S-O Minimum
Wage
Page Jonathan Rhyan S-O Minimum
Wage
Page Jeni Rickabaugh S-O Minimum
Wage
Page Carrie Schnieders S-O Minimum
Wage
Page Jessica Scholten S-O Minimum
Wage
Page Dana Schroeder S-O Minimum
Wage
Page Jill Van Wyk S-O Minimum Wage
WALLY E. HORN, Chair
SENATE RULES AND ADMINISTRATION COMMITTEE
STANDING SUBCOMMITTEES, 76th GENERAL ASSEMBLY
JOINT RULES JOINT PAY
Horn, Chair Gronstal, Chair
Bisignano Horn
Boswell Gettings
Rife Kramer
Lind Rife
SENATE RULES NON-PARTISAN STAFF
Boswell, Chair Boswell, Chair
Gronstal Horn
Horn Kramer
Rife
Kramer
PARTISAN STAFF
Horn, Chair
Husak
Rife
REPORTS OF COMMITTEE MEETINGS
RULES AND ADMINISTRATION
Convened: January 9, 1995, 9:05 a.m.
Members Present: Horn, Chair; Boswell, Vice Chair; Rife, Ranking Member;
Bisignano, Gettings, Husak, Kramer and Lind.
Members Absent: Gronstal.
Committee Business: Approved employment of session-only employees;
granted access to floor by democratic and republican party staff.
Adjourned: 9:14 a.m.
RULES AND ADMINISTRATION
Convened: January 9, 1995, 2:10 p.m.
Members Present: Horn, Chair; Boswell, Vice Chair; Rife, Ranking Member;
Bisignano, Gettings, Gronstal, Husak, Kramer and Lind.
Members Absent: none.
Committee Business: Approved proposed committee resolutions relating to
the senate rules, joint pay for house and senate employees and joint pay
for central legislative staff agencies.
Adjourned: 2:45 p.m.
CERTIFICATE OF RECOGNITION
The Secretary of the Senate issued a certificate of recognition as
follows:
Tony Nemmers, Anamosa - Achieving the rank of Eagle Scout. Senator
McKean (1-15-95).
SUBCOMMITTEE ASSIGNMENTS
Senate Joint Resolution 1
APPROPRIATIONS: Boswell, Chair; Lind and Murphy
Senate File 4
JUDICIARY: Hammond, Chair; Boettger, Neuhauser, Redfern and Vilsack
Senate File 6
JUDICIARY: Neuhauser, Chair; Bartz, Drake, Szymoniak and Vilsack
Senate File 7
JUDICIARY: Vilsack, Chair; Boettger, Giannetto, Halvorson and Redfern
Senate File 13
HUMAN RESOURCES: Szymoniak, Chair; Bartz, Kramer and Vilsack
Senate Concurrent Resolution 1
JUDICIARY: Bisignano, Chair; Bartz, Giannetto, Hansen and Maddox.
STUDY BILLS RECEIVED
SSB 2
Education
Establishing the state percent of growth for the school budget year
beginnin July 1, 1995, for purposes of the state school foundation
program and providig effective and applicability date provisions.
SSB 3
Education
Relating to the expulsion of a student for bringing a weapon to
school.
SSB 4
Local Government
Changing the name of the league of Iowa municipalities to the Iowa
league ofcities.
AFTERNOON SESSION
The Senate reconvened at 1:22 p.m., President pro tempore Bisignano
presiding.
COMMITTEE FROM THE HOUSE
A committee from the House appeared and announced that the House
was ready to receive the Senate in joint convention.
In accordance with House Concurrent Resolution 2, duly adopted, the
Senate proceeded to the House under the direction of the Secretary of
the Senate and the Sergeant-at-arms.
JOINT CONVENTION
In accordance with law and House Concurrent Resolution 2, duly
adopted, the joint convention was called to order at 1:26 p.m.,
President pro tempore Bisignano presiding.
Senator Horn moved that the roll call be dispensed with and that
the President of the joint convention be authorized to declare a quorum
present, which motion prevailed by a voice vote.
President pro tempore Bisignano declared a quorum present and the
joint convention duly organized.
Senator Horn moved that a committee of six, three members from the
Senate and three members from the House, be appointed to escort Governor
Branstad to the State of the Judiciary Message.
The motion prevailed by a voice vote and the Chair announced the
appointment of Senators Dvorsky, Dearden and Bartz, on the part of the
Senate, and Representatives Hanson, Warnstadt and Salton, on the part of
the House.
Senator Horn moved that a committee of six, three members from the
Senate and three members from the House, be appointed to notify the
Honorable Arthur A. McGiverin, Chief Justice of the Iowa Supreme Court,
that the joint convention was ready to receive him.
The motion prevailed by a voice vote and the Chair appointed as
such committee Senators Giannetto, Gettings and Iverson, on the part of
the Senate, and Representatives Hurley, Lamberti and Moreland, on the
part of the House.
The following guests were escorted into the House chamber:
Secretary of State, Paul Pate; Treasurer of State, Michael
Fitzgerald; Secretary of Agriculture, Dale Cochran; State Auditor,
Richard Johnson; and Attorney General, Tom Miller.
The committee appointed waited upon Governor Branstad and escorted
him to the speakers station.
Mrs. Joan McGiverin, wife of the Chief Justice; and Ed and Joan
McGiverin, Chief Justice McGiverins cousin and his wife were escorted
into the House chamber.
The Justices of the Supreme Court, Chief Judge Donielson and the
Judges of the Court of Appeals, and the Chief Judges of the states
judicial districts were escorted into the House chamber.
The committee appointed waited upon Chief Justice McGiverin and
escorted him to the speakers station.
President pro tempore Bisignano then presented Chief Justice
McGiverin who delivered the following State of the Judiciary Message:
MR. PRESIDENT, MR. SPEAKER, GOVERNOR, MEMBERS OF THE GENERAL
ASSEMBLY, STATE OFFICIALS, JUDICIAL COLLEAGUES, AND FRIENDS:
THANK YOU FOR THE INVITATION TO SPEAK HERE TODAY. WE ARE HONORED
BY THE OPPORTUNITY TO VISIT WITH YOU EACH YEAR ABOUT IOWAS COURT SYSTEM.
THIS REPORT HAS BECOME A TRADITION AND IS A SIGN OF THE COOPERATION AND
RESPECT BETWEEN IOWAS LEGISLATIVE AND JUDICIAL BRANCHES OF GOVERNMENT.
ON BEHALF OF THE SUPREME COURT, I WANT TO EXTEND A WARM WELCOME TO
THE NEW LEGISLATORS. IF ANY OF YOU ARE NOT FAMILIAR WITH THE OPERATION
OF THE COURT SYSTEM, I HOPE YOU WILL TAKE SOME TIME TO BECOME ACQUAINTED
WITH IT. THE BEST PLACE TO START IS IN YOUR LOCAL COMMUNITIES. PLEASE
VISIT YOUR LOCAL COURTHOUSE. OUR JUDGES AND STAFF WILL BE HAPPY TO
FULLY ACQUAINT YOU WITH THE OPERATION OF THE COURT IN YOUR AREA.
I WANT TO TAKE A MOMENT TO ACKNOWLEDGE SOME OF THE MEMBERS OF THE
JUDICIARY WHO ARE PRESENT. WE HAVE WITH US THE IOWA COURT OF APPEALS,
INCLUDING ITS NEWEST MEMBERS, JUDGE MARK CADY AND JUDGE TERRY HUITINK.
OUR COURT OF APPEALS CONTINUES TO PLAY A CRUCIAL ROLE, DECIDING A LARGE
VOLUME OF CASES EACH YEAR. WE AGAIN COMMEND THEM. ALSO PRESENT ARE THE
CHIEF JUDGES OF IOWAS EIGHT JUDICIAL DISTRICTS. THEY ARE RESPONSIBLE
FOR SUPERVISING THE JUDGES AND COURT EMPLOYEES WITHIN EACH DISTRICT. IN
ADDITION TO THEIR LEADERSHIP ROLE, THEY ALSO DEAL WITH A STAGGERING
INDIVIDUAL CASELOAD.
ALTHOUGH THE MAIN FOCUS OF THESE REMARKS WILL BE THE CONDITION OF
THE JUDICIARYS PRIMARY FUNCTION -- DECIDING CASES, I WOULD LIKE TO FIRST
MENTION THE PROGRESS WE HAVE MADE ON SOME OTHER IMPORTANT ISSUES OVER
THIS PAST YEAR.
FOUR YEARS AGO, WITH FUNDS YOU APPROPRIATED, THE SUPREME COURT
ESTABLISHED THE EQUALITY IN THE COURTS TASK FORCE, CHAIRED BY CHIEF
JUDGE JAMES HAVERCAMP. ITS PURPOSE WAS TO INVESTIGATE ANY RACE AND
GENDER BIAS IN THE COURT SYSTEM. IN 1992, THE TASK FORCE REPORTED ITS
FINDINGS, AND OFFERED RECOMMENDATIONS OF WAYS TO HELP ELIMINATE BIAS
WHICH MAY DEMEAN COURT PARTICIPANTS OR POSE A THREAT TO EQUAL TREATMENT.
OUR COURT HAS EXHAUSTIVELY CONSIDERED EACH RECOMMENDATION OF THE TASK
FORCE AND TAKEN APPROPRIATE ACTION. ATTACHED TO MY MESSAGE IS A BRIEF
SUMMARY OF THOSE EFFORTS.
WE HAVE ALSO UNDERTAKEN A DETAILED STUDY OF DOMESTIC ABUSE IN IOWA.
BECAUSE OUR TRADITIONAL LEGAL PROCEDURES ARE OFTEN NOT DESIGNED TO DEAL
WITH THE SPECIAL PROBLEMS POSED BY THESE INSIDIOUS ACTS, WE ESTABLISHED
A TASK FORCE TO EXPLORE THIS SUBJECT. IN DOING SO, WE SOLICITED OTHER
GROUPS TO HELP THE COURTS RESPOND TO DOMESTIC VIOLENCE. OUR DOMESTIC
ABUSE TASK FORCE, CO-CHAIRED BY JUDGE CADY AND LINDA MCGUIRE, HAS
PREPARED A COMPREHENSIVE REPORT WITH RECOMMENDATIONS FOR IMPROVEMENTS IN
A WIDE-RANGE OF AREAS.
THE REPORT SETS OUT WAYS IN WHICH GOVERNMENT AND SOCIETY CAN WORK
TOGETHER TO RESPOND MORE EFFECTIVELY TO DOMESTIC VIOLENCE. WE HAVE
BEGUN TO IMPLEMENT THOSE RECOMMENDATIONS WHICH CALL FOR COURT ACTION.
THE REPORT ALSO CONTAINS A NUMBER OF PROPOSED LEGISLATIVE CHANGES WHICH
WE ENCOURAGE YOU TO REVIEW. BECAUSE MANY OF THE PROPOSALS ARE OUTSIDE
OUR AUTHORITY, WE FORWARD THEM TO YOU, CONFIDENT THAT YOU WILL TAKE
APPROPRIATE ACTION.
THE COURTS CAN SET AN EXAMPLE FOR THE REST OF THE COMMUNITY BY
RECOGNIZING THE IMPORTANCE OF STOPPING DOMESTIC VIOLENCE. WE CHALLENGE
OTHERS TO JOIN US IN BRINGING AN END TO THIS SCOURGE.
ON ANOTHER MATTER, THE SUPREME COURT HAS RECENTLY INITIATED A
LONG-RANGE STRATEGIC PLANNING PROCESS. THIS EFFORT WILL INCLUDE AN
EXAMINATION OF SOCIAL, ECONOMIC, POLITICAL AND TECHNOLOGICAL TRENDS, AND
AN ASSESSMENT OF CURRENT AND FUTURE ISSUES CONFRONTING THE COURTS. THIS
EFFORT WILL PROVIDE US WITH A FOUNDATION FOR FACING UP TO THE DEMANDS OF
THE FUTURE. AS THAT BASEBALL SAGE, YOGI BERRA, ONCE WISELY PUT IT,
"YOUVE GOT TO BE CAREFUL IF YOU DONT KNOW WHERE YOU ARE GOING, BECAUSE
YOU MIGHT NOT GET THERE!"
WE HAVE ATTEMPTED THROUGH THESE STUDIES BOTH TO ADDRESS ANY OF OUR
SHORTCOMINGS AND TO PLAN FOR OUR FUTURE. ONLY WITH YOUR ASSISTANCE CAN
WE OVERCOME OUR MOST IMMEDIATE PROBLEM -- MEETING THE PUBLICS
EXPECTATIONS FOR JUSTICE WHEN THE HIGH DEMAND EXCEEDS OUR RESOURCES.
MORE THAN AT ANY TIME IN THE HISTORY OF OUR STATE, THE PEOPLE OF
IOWA ARE TURNING TO THE COURTS FOR HELP. PEOPLE SUCH AS:
-- THE PERMANENTLY INJURED TRUCK DRIVER SEEKING JUDICIAL REVIEW
OF A WORKECOMPENSATION AWARD,
-- THE DIVORCED PARENTS OF TWO LITTLE GIRLS FIGHTING OVER
CUSTODY OF THE CDREN, AND
-- THE SEVEN-YEAR-OLD GIRL WHO NEEDS PROTECTION FROM SEXUAL
ABUSE BY HER MERS LIVE-IN BOYFRIEND.
THE NUMBER OF CASES COMING TO THE COURTS IS AT AN ALL-TIME HIGH.
THE SOARING CASELOAD IS ATTRIBUTABLE, IN PART, TO INCREASES IN THE MOST
DIFFICULT TYPES OF CASES: CRIMINAL, JUVENILE, AND DOMESTIC ABUSE. THESE
CASES, WHICH DEMAND OUR BEST AND MOST CAREFUL EFFORTS, CONSUME THE
GREATEST PART OF OUR COURT TIME. RATHER THAN RECITE STATISTICS NOW, I
HOPE YOU WILL REVIEW THE INFORMATION PROVIDED WITH THESE REMARKS.
CRIMINAL CASES HAVE ALL BUT HIJACKED THE COURTS DOCKET. FILINGS IN
MAJOR CRIMINAL CASES, WHICH HAVE SHOT UP 92% SINCE 1984, NOW OUTNUMBER
CIVIL FILINGS AND THE GAP IS WIDENING. CONSTITUTIONAL AND STATUTORY
SPEEDY TRIAL REQUIREMENTS GIVE CRIMINAL CASES PRIORITY TO THE TIME
AVAILABLE TO THE COURTS. WITHOUT ADDITIONAL PERSONNEL, WE SOON MAY BE
FACING UP TO THE PROSPECT OF DEVOTING ALL, OR NEARLY ALL, OF OUR
JUDICIAL RESOURCES TO CRIMINAL CASES.
WE CAN ONLY SPECULATE ABOUT WHATS BEHIND THIS SHIFT. BUT AS YOU ALL
KNOW, PEOPLE ARE FRUSTRATED WITH CRIME. VICTIMS JUSTLY DEMAND THEIR DAY
IN COURT AND A FRIGHTENED PUBLIC CRIES OUT FOR SWIFT PUNISHMENT OF
CRIMINALS.
IN RESPONSE TO THESE CALLS, MORE LAWS ARE PASSED AND LAW
ENFORCEMENT EFFORTS ARE EXPANDED. AS A RESULT, MORE AND MORE CASES POUR
INTO THE COURT SYSTEM.
SOME OF OUR COURTS ARE SO BUSY WITH CRIMINAL CASES THAT THE WHEELS
OF JUSTICE ARE SPINNING OUT OF CONTROL. PLEASE LISTEN TO THIS
DESCRIPTION OF ONE OF THE BUSIEST COURTS IN IOWA, "JAIL COURT" IN POLK
COUNTY. EACH DAY IN A CROWDED ROOM IN THE POLK COUNTY JAIL ONE DISTRICT
ASSOCIATE JUDGE PRESIDES OVER THE HEARINGS OF PEOPLE ARRESTED AND
DETAINED THE PREVIOUS NIGHT. THE LONG PROCESSION OF DEFENDANTS BEGINS
EARLY IN THE MORNING AND LASTS ALL DAY. ON A TYPICAL DAY, THE JUDGE
CONSIDERS THE CASES OF NINETY PRISONERS. THERE IS NOT THE LUXURY OF
TAKING TIME TO MAKE A DECISION BASED UPON A THOROUGH INVESTIGATION.
PEOPLE MUST BE RUSHED THROUGH TO MAKE ROOM IN THE JAIL FOR THE NEXT
NIGHT AND ALSO TO MEET CONSTITUTIONAL REQUIREMENTS. IN THIS ENVIRONMENT
THERE IS A TENDENCY FOR CORNERS TO BE CUT AND DEALS TO BE MADE.
DECISIONS MUST BE QUICKLY RENDERED.
SWIFT COURT ACTION IS ONE OF THE MOST EFFECTIVE DETERRENTS TO
CRIME. BUT AS SOMEONE ONCE SAID, "JUSTICE DELAYED IS JUSTICE DENIED.
BUT JUSTICE RUSHED IS JUST AS BAD." WHEN WE ARE FORCED, BECAUSE OF
LIMITED RESOURCES, TO PUSH CASES THROUGH THE SYSTEM TOO QUICKLY, THE
FASTEST DISPOSITION METHOD IS PLEA BARGAINING, WHICH AS YOU KNOW RESULTS
SOMETIMES IN POOR RESULTS. WE WOULD PREFER A CLIMATE THAT DISCOURAGES
DEAL MAKING AND RETURN TO A PROCESS BY WHICH OUTCOMES ARE NOT DRIVEN BY
AN OVERLY CROWDED COURT DOCKET.
THE GROWING NUMBER OF CHILDREN WITH SERIOUS LEGAL NEEDS IS
OVERWHELMING OUR JUVENILE COURTS. THIS YEAR ESPECIALLY THERE HAVE BEEN
MANY DISTURBING REPORTS OF VIOLENT CRIMES COMMITTED BY JUVENILES. WHILE
PUBLIC ATTENTION HAS BEEN FOCUSED ON VIOLENT JUVENILES, LETS NOT FORGET
THE THOUSANDS OF CHILDREN IN THE COURT SYSTEM WHO ARE THEMSELVES VICTIMS
OF VIOLENCE, ABUSE AND NEGLECT. OFTEN TIMES, THESE CHILDREN DEPEND ON
THE COURTS TO HELP PUT THE PIECES OF THEIR LIVES BACK TOGETHER.
DOMESTIC VIOLENCE CASES ARE INCREASING FASTER THAN ALL OTHERS. THE
NUMBER OF REPORTED DOMESTIC ABUSE CASES HAS SOARED SINCE THE CREATION OF
LAWS WHICH MAKE IT EASIER FOR SURVIVORS OF DOMESTIC VIOLENCE TO GET
PROTECTION FROM THE COURTS. EVEN THOUGH WE HAVE MADE THESE CASES A
PRIORITY, WE ARE NOT EQUIPPED TO PROVIDE EACH VICTIM SEEKING EMERGENCY
PROTECTIVE ORDERS WITH THE IMMEDIATE ATTENTION THEY DESERVE. MOST OF
THE RURAL COUNTIES IN IOWA ONLY HAVE A DISTRICT COURT JUDGE AVAILABLE
ONCE EVERY TWO WEEKS.
THE BUSIER COURTS HAVE DEDICATED SPECIFIC DAYS OR TIMES FOR
DOMESTIC ABUSE HEARINGS. FOR INSTANCE, IN SCOTT COUNTY, THE ASSIGNMENT
JUDGE SPENDS TWO OR MORE HOURS A DAY REVIEWING INITIAL REQUESTS FOR
PROTECTIVE ORDERS. EACH FRIDAY AFTERNOON IS RESERVED FOR HEARINGS FOR
PERMANENT PROTECTIVE ORDERS. DURING THAT TIME, MOST OF THE DISTRICT
COURT JUDGES ARE BUSY HEARING THE CASES OF PEOPLE, USUALLY WOMEN, ABUSED
BY THEIR COMPANIONS. WOMEN -- SUCH AS THE MOTHER OF THREE YOUNG
CHILDREN WHOSE LIVE-IN BOYFRIEND THREATENED TO SHOOT HER AND HER
CHILDREN. HER HASTILY SCRIBBLED PETITION INCLUDED THE PLEA, "PLEASE
JUDGE, HELP ME." SHE WAS ONE OF THE DOZENS OF VICTIMS WAITING IN LINE
TO GET A PROTECTIVE ORDER FROM THE COURT THAT DAY.
ON ONE FRIDAY AFTERNOON LAST MONTH, FIVE OF THE SIX DISTRICT COURT
JUDGES IN THE SAME COUNTY WERE ASSIGNED TO HEAR THIRTY-TWO CASES. EACH
WAS ENORMOUSLY IMPORTANT AND EACH HELD THE POTENTIAL TO CONSUME SEVERAL
HOURS OF COURT TIME.
CRIMINAL, JUVENILE, AND DOMESTIC ABUSE CASES RECEIVE PRIORITY
STATUS. NOT ALL CASES CAN BE A PRIORITY. CONSEQUENTLY, MANY PEOPLE WITH
OTHER KINDS OF SERIOUS PROBLEMS MUST WAIT FOR THEIR DAY IN COURT.
LAST MARCH I RECEIVED A LETTER FROM AN IOWA CITY ATTORNEY WHO WAS
REPRESENTING A MOTHER OF TWO YOUNG CHILDREN IN AN ACTION FOR DISSOLUTION
OF MARRIAGE. THE CASE HAD BEEN PENDING FOR SOME TIME. THE LAWYER
WROTE, "FOR THE SECOND TIME IN THE LAST THREE MONTHS, I HAVE HAD THE
DECIDEDLY UNPLEASANT TASK OF HAVING TO TELL (MY CLIENT) THAT THE TRIAL
OF HER DISSOLUTION CASE COULD NOT GO FORWARD." AT THE TIME OF THE
LETTER, THE CASE HAD JUST BEEN "BUMPED" AGAIN FROM THE TRIAL SCHEDULE
BECAUSE OF OTHER PRIORITY MATTERS THAT HAD TO BE HEARD BY THE COURT.
I WISH I COULD SAY THAT THIS MOTHERS DIFFICULTY IN GETTING A TRIAL
IS UNUSUAL -- BUT I CANNOT. THE NUMBER OF CRIMINAL AND DOMESTIC ABUSE
CASES HAVE THE DISTRICT COURT CALENDAR SO OVERWHELMED THAT EVERYTHING
ELSE IS BEING SET FOR HEARING FURTHER AND FURTHER IN THE FUTURE.
I SUGGEST THAT THE LENGTH OF TIME IT TAKES FOR CIVIL CASES TO GET
THROUGH THE SYSTEM MAY DISCOURAGE PEOPLE FROM USING THE COURTS TO
RESOLVE THEIR DISPUTES AND FORCE THEM TO ACCEPT RESULTS OR SETTLEMENTS
THEY OTHERWISE WOULD NOT ACCEPT IF THEY COULD GET A REASONABLY PROMPT
HEARING.
YOU MAY BE WONDERING HOW WE ARE KEEPING UP TO THE EXTENT THAT WE
ARE. OUR JUDGES AND STAFF ARE MOVING MORE CASES FASTER THAN EVER. ON
THE AVERAGE, TODAYS DISTRICT COURT JUDGE DISPOSES OF 36 PERCENT MORE
CASES THAN IN 1984. AT THE SAME TIME, THE NUMBER OF DISPOSITIONS PER
DISTRICT ASSOCIATE JUDGE MUSHROOMED 86 PERCENT. PARENTHETICALLY, THE
NUMBER OF MATTERS HEARD BY EACH PART-TIME MAGISTRATE JUMPED 47 PERCENT.
THE MAJOR INCREASES IN THE BUSINESS OF THE COURTS HAVE HAD A
DRAMATIC IMPACT ON THE AMOUNT OF TIME ALLOTTED TO EACH CASE. EFFICIENCY
MEASURES AND AGGRESSIVE CASE MANAGEMENT CAN ONLY GO SO FAR, BECAUSE EVEN
THE MOST PRODUCTIVE JUDGE CAN ONLY CAREFULLY DECIDE SO MANY CASES EACH
DAY. THERE COMES A POINT WHERE EITHER QUALITY IS DIMINISHED OR
PRODUCTIVITY DROPS.
A MORE IMPORTANT CONCERN, IN ADDITION TO THE NUMBERS OF CASES
FLOWING THROUGH THE SYSTEM, IS THE QUALITY OF SERVICE. UNDER THE
CIRCUMSTANCES, YOU NEED TO ASK IF YOUR CONSTITUENTS ARE GETTING THE
JUSTICE SYSTEM THEY NEED, THE JUSTICE SYSTEM THEY EXPECT, THE JUSTICE
SYSTEM THEY DESERVE. I WOULD SUGGEST THAT OUR JUDGES PRESENTLY MUST
TAKE AN APPROACH ANALOGOUS TO A COMBAT SURGEON, WHOSE MAIN ROLE IS TO
ADDRESS LIFE THREATENING ISSUES AS QUICKLY AS POSSIBLE WITHOUT TIME FOR
CONCERN ABOUT SCARS OR THE EMOTIONAL TRAUMA OF THE WOUNDED.
THE PEOPLE OF IOWA DESERVE BETTER.
TO PROVIDE THE HIGHEST QUALITY OF JUSTICE WE NEED MORE RESOURCES.
TO BE MORE SPECIFIC WE NEED:
-- MORE DISTRICT COURT JUDGES;
-- MORE DISTRICT ASSOCIATE JUDGES;
-- MORE JUVENILE COURT OFFICERS; AND
-- MORE HELP IN THE CLERK OF COURT OFFICES TO HANDLE THE
PAPERWORK.
THE DETAILS OF OUR SPECIFIC NEEDS AND RECOMMENDATIONS ARE CONTAINED
IN OUR BUDGET REQUEST WHICH WE HAVE SUBMITTED TO YOU.
WE SERVE THE SAME CONSTITUENTS YOU DO. ON THEIR BEHALF WE
RESPECTFULLY ASK THAT YOU PROVIDE THE RESOURCES FOR THE COURT SYSTEM TO
KEEP UP WITH THE TIMES AND THE RISING CASELOAD.
MORE RESOURCES WILL ALLOW US TO BRIDGE THE EVER EXPANDING GULF
BETWEEN THE REALITY OF OUR PRESENT JUSTICE SYSTEM AND THE PROMISES OF
JUSTICE. LETS WORK TOGETHER TO TURN THE PROMISE INTO REALITY.
Chief Justice McGiverin was escorted from the House chamber by the
committee previously appointed.
Governor Branstad was escorted from the House chamber by the
committee previously appointed.
Representative Siegrist moved that the joint convention be
dissolved, which motion prevailed by a voice vote.
The Senate returned to the Senate chamber and resumed regular
session, Senator Dearden presiding.
RECESS
On motion of Senator Horn, the Senate recessed at 2:05 p.m., until
3:00 p.m.
RECONVENED
The Senate reconvened at 3:30 p.m., President Boswell presiding.
INTRODUCTION OF BILLS
Senate File 14, by Horn, a bill for an act relating to the
commission on compensation, expenses, and salaries for elective state
officials and providing an effective date.
Read first time and passed on file.
Senate File 15, by Priebe, a bill for an act requiring clerks of
the district court to file certain facsimile-transmitted copies of
orders and other court documents.
Read first time and passed on file.
Senate File 16, by Jensen, a bill for an act relating to
requirements for approval of a general permit to discharge stormwater.
Read first time and passed on file.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 42 present, 8 absent and a quorum present.
The Senate stood at ease at 3:39 p.m. until the fall of the gavel
for the purpose of a committee meeting.
The Senate resumed session at 3:52 p.m., President Boswell
presiding.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 38 present, 12 absent and a quorum present.
APPENDIX
COMMITTEE REPORTS
EDUCATION
Final Bill Action: SENATE FILE 17 (SSB 2), a bill for an act
establishing the state percent of growth for the school budget year
beginning July 1, 1995, for purposes of the state school foundation
program and providing effective and applicability date provisions.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 8: Connolly, Kibbie, Deluhery, Dvorsky, Fink,
Hammond, Neuhauser and Szymoniak. Nays, 6: Redfern, Iverson, Kramer,
Lind, Rensink and Tinsman. Absent or not voting, 1: Murphy.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
HUMAN RESOURCES
Final Bill Action: SENATE FILE 13, a bill for an act relating to the
establishment of a decision-making process for prospective minor
parents, providing penalties, and providing effective dates.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3002.
Final Vote: Ayes, 8: Szymoniak, Boettger, Bartz, Hansen, Kramer,
Neuhauser, Tinsman and Vilsack. Nays, 2: Hammond and Dvorsky.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.F. 9 Local Government
S.F. 10 State Government
S.F. 11 Local Government
S.F. 12 Judiciary
S.F. 14 State Government
S.F. 15 Judiciary
S.F. 16 Natural Resources
INTRODUCTION OF BILL
Senate File 17, by committee on Education, a bill for an act
establishing the state percent of growth for the school budget year
beginning July 1, 1995, for purposes of the state school foundation
program and providing effective and applicability date provisions.
Read first time under Rule 28 and placed on calendar.
AMENDMENTS FILED
S-3001 S.R. 1 Rod Halvorson
S-3002 S.F. 13 Human Resources
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 3:52 p.m., until
9:00 a.m., Wednesday, January 11, 1995.
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Iowa General Assembly
Index: Senate Journal (76th General Assembly: Session 1)
© 1995 Cornell College and League of Women Voters of Iowa
Comments? sjourn@legis.iowa.gov.
Last update: Sun Jan 14 23:40:00 CST 1996
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