House Journal: Wednesday, January 15, 1997

Third Calendar Day - Third Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, January 15, 1997
The House met pursuant to adjournment, at 8:50 a.m., Speaker pro
tempore Van Maanen in the chair.
Prayer was offered by Father Jim Kirby, St. Theresa's Catholic
Church, Des Moines.
The Journal of  Tuesday, January 14, 1997 was approved.
INTRODUCTION OF BILLS
House Joint Resolution 2, by Weigel, a joint resolution
proposing an amendment to the Constitution of the State of Iowa
providing certain rights to victims of crimes.
Read first time and referred to committee on state government.
House File 26, by Doderer, a bill for an act relating to the
reduction in the sales, services, and use and rental and lease
excise tax rates from five percent to four percent and providing
applicability date provisions.
Read first time and referred to committee on ways and means.
House File 27, by Myers and Carroll, a bill for an act
relating to the election of a political subdivision not to
participate as a member of the Iowa individual health benefit
reinsurance association.
Read first time and referred to committee on local government.
House File 28, by Jacobs, a bill for an act appropriating
funding for local housing programs from real estate transfer tax
revenues.
Read first time and referred to committee on appropriations.
House File 29, by Dinkla, a bill for an act relating to the
authority of the state board of educational examiners to develop
a code of professional rights and responsibilities, practices,
and ethics for practitioners.
Read first time and referred to committee on education.
House File 30, by Dinkla, a bill for an act to legalize
certain city and county deeds and conveyances.
Read first time and referred to committee on judiciary.
House File 31, by Welter, Eddie, Vande Hoef, Garman, Hahn,
and Nelson, a bill for an act relating to the registration fee
for ex-prisoner of war motor vehicle plates and providing
effective and retroactive applicability dates.
Read first time and referred to committee on transportation.
House File 32, by Martin, Bradley, Holmes, Van Fossen,
Millage, Jenkins, Hahn, and Brauns, a bill for an act relating
to the taxation of pensions, annuities, and retirement
allowances received for the purposes of state individual income
tax, and providing a retroactive applicability date.
Read first time and referred to committee on ways and means.
HOUSE FILE 18 REREFERRED
The Speaker announced that House File 18, previously referred to
committee on natural resources, was rereferred to committee on
environmental protection.
The House stood at ease at 8:55 a.m., until the fall of the
gavel.
The House resumed session at 9:45 a.m., Speaker Corbett in the
chair.
COMMITTEE TO NOTIFY THE SENATE
Nelson of Marshall moved that a committee of three be appointed
to notify the Senate that the House was ready to receive it in
joint convention.
The motion prevailed and the Speaker appointed as such committee
Representative Nelson of Marshall, Holmes of Scott, and Bukta of
Clinton.
REPORT OF COMMITTEE TO NOTIFY THE SENATE
Nelson of Marshall, chair of the committee to notify the Senate
that the House was ready to receive it in joint convention,
reported that the committee had performed its duty.
The report was accepted and the committee discharged.
The Sergeant-at-Arms announced the arrival of the President of
the Senate, the Secretary of the Senate and the honorable body
of the Senate.
The President was escorted to the Speaker's station, the
Secretary to the Chief Clerk's desk and the members of the
Senate were seated in the House chamber.
JOINT CONVENTION
In accordance with House Concurrent Resolution 2, duly adopted,
the joint convention was called to order at 9:55 a.m., President
Kramer presiding.
Senator Iverson of Wright moved that the roll call be dispensed
with and the President of the joint convention be authorized to
declare a quorum present, which motion prevailed.
President Kramer announced a quorum present and the joint
convention duly organized.
Senator Iverson of Wright moved that a committee of six,
consisting of three members of the Senate and three members of
the House, be appointed to escort  Lieutenant Governor Joy
Corning to the House chamber for the Condition of the Judicial
Department Message.
The motion prevailed and the President appointed as such
committee Senators Rittmer of Clinton, Black of Kossuth, and
Fink of Warren, on the part of the Senate; and Representatives
Churchill of Polk, Dix of Butler, and Thomas of Clayton on the
part of the House.
Senator Iverson moved that a committee of six, consisting of
three members from the Senate and three members from the House,
be appointed  to notify Chief Justice Arthur A. McGiverin that
the joint convention was ready to receive him.
The motion prevailed and the President appointed as such
committee Senators King of Crawford, McKibben of Marshall, and
Neuhauser of Johnson, on the part of the Senate; and
Representatives Lamberti of Polk, Dinkla of Guthrie, and
Richardson of Warren, on the part of the House.
The House stood at ease at 9:56 a.m., until the fall of the
gavel.
The House resumed session at 9:58 a.m., President Kramer in the
chair.
Secretary of  Agriculture and Land Stewardship, Dale Cochran;
State Auditor, Richard Johnson and Attorney General, Tom Miller
were escorted into the House chamber.
Mrs. Jo Ann McGiverin, wife of the Chief Justice and Ed and Joe
McGiverin, cousins of the Chief  Justice were escorted into the
House chamber.
The Justices of the Supreme Court, the Judges of the Court of
Appeals and the Chief Judges of the state's judicial districts
were escorted into the House chamber.
Lieutenant Governor Joy Corning was escorted into the House
chamber.
The committee waited upon Chief Justice Arthur A. McGiverin and
escorted him to the Speaker's station.
President Kramer presented Chief Justice Arthur A. McGiverin who
delivered the following Condition of the Judicial Department
Message:
Madam President, Mr. Speaker, Lieutenant Governor, Members of
the General Assembly, State Officials, Judicial Colleagues and
my fellow Iowans:
It's an honor and a privilege to speak with you each year.  On
behalf of the judicial branch, I want to thank you for this
opportunity to report on the condition of our court system.
I also want to extend a warm welcome to the new members of the
Legislature.  If you are not familiar with the operation of the
judicial branch, I hope you will take some time from your busy
schedules to become acquainted with it.  One of the best ways to
do that is to visit with your local district court officials -
clerks of court, magistrates, judges, juvenile court officers
and others.  And please feel free to drop by our offices here in
the Capitol at anytime to visit.  You're always welcome.
I invite all of you to join me and the other members of the
judiciary, who are with us today, for refreshments and
conversation downstairs in the courtroom following these remarks.
My remarks today will focus on our past successes, our present
challenges, and our high hopes for the future.  I promise that I
will not try to do the Macarena.  I will, however, try to heed
the words of one of my esteemed colleagues who said, "Never
exhaust the topic or the audience." 
We are especially gratified to be able to report a number of
successes we've had this year.  Here are some of the highlights.
By this summer, every courthouse in Iowa will be linked to our
statewide computer network.  The last of our clerk of court
offices that have been waiting in line, dependent on the paper
docket books used for over 150 years, will finally join the
world of automation.  Our computer network will serve as a
foundation for the technological improvements that will be
necessary to carry us into the twenty-first century.
The benefits of our computer system extend beyond the courts. 
For example, we send over 1500 notices each week to the
Department of Transportation so it can initiate license
suspension procedures.  This year, we started sending the
information 
electronically rather than through the mail.  In addition to
speeding up the process, this means less work for the
Transportation Department.  
We're working with the Department of Safety to create a domestic
abuse registry.  The registry will provide law enforcement
officials with  up-to-the-minute information about protective
orders in all ninety-nine counties.   This will be a powerful
weapon in Iowa's battle against domestic abuse.
We're excited about our new jury management computer software
that will streamline the jury system and make jury service more
convenient for the public.  How will it work?  Well, right now
nearly all of the counties use two jury commissions, one
composed of three citizens and the other composed of three local
officials, to create their lists of prospective jurors.  It's
all done by hand with thousands of pieces of paper.  In a county
the size of Story County,  the entire process takes over four
days.  With our new program, it will take only a few hours.  
Also, following the recommendations of our Equality in the
Courts Task Force, this new program will make jury pools more
representative of a county's population and answer any claim
there is subjectivity in the present system.  How?  Through the
magic of technology, computers will sort the names and compile
the lists.
This program will help make jury service more convenient.  The
1-trial /1-day option, which has been used successfully in Scott
County, means that  persons called for jury service are
obligated to serve on only one trial. Once they've served they
won't be called again for two years.  Or, if they come to the
courthouse on the first day of service and are not picked to
serve, they're relieved from jury service for two years.  It's
much easier than being on call for jury service for three
months.  Contrary to vicious rumor, this program was in place
long before I was called to appear for jury duty at the Wapello
County Courthouse later this month. However, it was at that
point, I deemed the 1-trial/1-day option a good deal.
Our court improvement project for child in need of assistance
cases, which is now in the implementation stage, will surely
help brighten the future of hundreds of children and families
living in limbo each year as they wait for the courts to sort
out the wreckage of their lives. Six task forces are busy
working on specific recommendations needed to implement this
report.  One of the groups is studying our juvenile laws for
changes needed to improve our child in need of assistance
process.  We plan to present these  recommendations to you next
year.
We learned from the study phase of this program that our courts
are doing a good job overall with these important cases.  But,
however well we have performed, we must find ways to do even
better.  We need to find more time for hearings.  For instance,
fifteen minutes for a non-contested case or one hour for a
contested case is often not enough when the future of a child or
the life of a family is on the line.  At the same time, we need
to bring closure to such cases sooner.  Three to four years,
from the time of filing a child in need of assistance petition
to the time of entering an order finalizing an adoption, is
simply too long.  We also need to improve the quality of legal
representation provided to children and families.  These crucial
cases call for careful preparation.  An initial meeting between
an attorney and clients in the courthouse hallway to discuss the
case, just before a hearing, is not good enough.
Fine enforcement efforts are expanding.  Last summer we started
sending cases through our computer network to the Central
Collection Unit of the Department of Revenue and Finance.  It's
amazing how quickly people pay their delinquent fines once
they've received notice that the tax collectors are involved. 
Our magistrates and judges are continuing to take a tough
attitude on the payment of fines and they are doing their best
to crack down on scofflaws.  One example of our "new attitude"
comes from Lucas County where Magistrate Jim Mefferd expects
defendants to pay their fines the moment they are ordered.  He
says the word has gotten around and it's rare when someone asks
for time to pay.  Naturally, some people will try to escape
paying.  One person told Magistrate Mefferd that he was flat
broke, had no job and no job prospects.  The magistrate didn't
buy the story.  When he explained to the gentleman the meaning
of contempt of court with possible jail consequences - a $100
bill magically appeared and the fine was paid!
These are just a few of the many ways we're enforcing fines. 
The task is formidable because millions of dollars of unpaid
fines are on the books and many offenders are incarcerated, or
truly unable to pay.  Nevertheless, we will continue to explore
all avenues for improving the collection of unpaid fines.
Iowa's first computer-integrated courtroom began operating a few
months ago in Polk County.  During a court proceeding, a
computer instantly translates a court reporter's steno strokes
into English text and displays the text on computer terminals or
TV monitors located around the courtroom.  Another process also
translates the text into Braille.  These systems will allow
persons who are hearing or sight impaired to actively
participate in court proceedings.  There's an added bonus _ the
equipment can be easily transported and set up in any courtroom
around the state. 
Our district courts in Linn County and Polk County are using
local area networks to provide judges with complete and
immediate information about the criminal defendants appearing
before them at arraignment or sentencing.  According to District
Associate Judge Michael Newmeister of Cedar Rapids, many
defendants are repeat offenders who have  pending matters that
should be made known to the court.  With the new computer
networks, judges can quickly check for prior records, failures
to appear to answer charges, delinquent fines, and other matters
while the defendant is standing before them.  These systems make
it much easier for busy courts to hold offenders accountable.
A full range of language interpreter services are now available
to our courts thanks to a telephone interpreter program offered
by one of the telephone companies.  This service provides
assistance in 140 languages, 7 days a week, 24 hours a day. 
Prior to using this service, it was almost impossible to find
qualified interpreters on short notice in most parts of the
state.  Fred Nydle, one of our district court administrators,
described the old process this way, "A person can be a defendant
one day and an interpreter the next."  That was not a good way
to handle court business. 
Our courts are dismantling language barriers in other ways. 
Tomorrow in Louisa County a group will "graduate" from the
state's first program offered in Spanish for convicted drunk
drivers.  I want to commend District Associate Judge Thomas
Brown of the Eighth District for recognizing the need for this
program and for organizing it.
We're encouraged by all of this progress.  However, it wouldn't
be accurate for me to paint a picture of roses with no thorns. 
We continue to have our share of challenges.  Two should be
mentioned.  
First - more cases are pouring into the courts and, once again,
crime continues to take most of our attention and time.  
Indictable criminal cases shot up 20 percent last year, marking
almost two decades of steady growth.  For the first time ever,
more than 100,000 indictable criminal cases were filed in our
courts in one year.  The tremendous burden created by our high
criminal caseload cannot be ignored.  It continues to drain
valuable court resources.
What can be done?
First of all, I want to thank you for the help you've given us
in the past.  The additional judges, juvenile court staff, and
other resources have taken the edge off a serious situation. We
also appreciate your continued efforts to keep compensation
competitive so that we can attract and retain talented people to
handle the caseload.  But problems remain.
Our budget request for the next fiscal year, although a modest
one, has been tailored to address our most pressing problems. 
The details are included in the materials provided to you this
morning.  One request deserves your special attention - our
request for more clerk of district court staff. 
Our clerks' offices are important in so many ways.  Litigants
depend on them to get complete records of their cases to the
judges.  Our state and local governments depend on them to
collect and distribute fines and fees.  Crime victims depend on
them to collect and disburse restitution payments.  Custodial
parents depend on them to collect and disburse child support
payments.  Businesses and property owners depend on them to keep
track of liens.  Everyone depends on them as the trusted
gatekeepers for our justice system.
I ask that you give this request special consideration.  
Second - there is one other problem you should know about.  Most
of our courthouses have run out of room for storing court
records.  This is a problem state government shares with the
counties because the counties bear the responsibility to provide
our courts with facilities.  We can report some progress this
year resulting from the use of  CD-ROM and imaging systems to
reproduce and store old court records.  One compact disc can
store about five or six file cabinets full of records.  But even
though this is an effective way to address the records storage
problem, it's only a short-term solution.  It's like bailing
water out of a boat that has a gaping hole in the bottom.  Water
keeps gushing in until the hole is plugged.
The long-term solution will require electronic data management
systems, commonly called EDMS. The applicability of EDMS to the
courts has already been studied.  Before committing scarce
resources, we should study the cost of installing and operating
EDMS.  Our budget request includes a recommendation for such a
study. 
The solutions I've mentioned are not simply answers to current
problems; they will help us in the future as well.  This brings
me to our greatest success this year.  
When I addressed this assembly last year, we were eagerly
awaiting the results of the first comprehensive study of our
courts.  The purpose of the study was to develop a long-range
plan that would prepare our courts for the challenges we will
face in the next century, which is fast approaching.
I'm pleased to report that our Commission on Planning for the
21st century, which conducted this study, submitted its report
to us last summer.  A copy of the report has been provided to
you this morning.  We now have an outstanding blueprint for a
model system of justice.  It will serve Iowans well into the
future. 
Who were the architects of this plan?  They were more than sixty
Iowans from many different walks of life including farmers, a
retired newspaper executive, a county supervisor, small business
owners,  union representatives, former and current members of
the General Assembly, judges, business executives, attorneys,
and heads of state agencies.  And they came from every corner of
the state - from Corwith to Carroll, Marathon to Bettendorf, and
Burlington to Sioux City.
We, indeed all Iowans, are indebted to every member of the
commission for the commitment and talent they brought to this
project.  We owe special thanks to Justice Linda Neuman, who
chaired the commission, and to Justices Bruce Snell and Marsha
Ternus who served with Justice Neuman on the steering committee.
 And, of course, we are indebted to the many individuals and
groups, including the Legislature, for their financial support
that helped make this all possible.
The creation of a formal planning process within the judicial
branch is the cornerstone of the commission's plan.  With your
support, we hope to add a professional planning staff this year
so we can begin this important program.  Because it is so
obviously in the public interest, this is one of our very top
budget priorities. 
We have created an implementation committee to help us sift
through the commission's other recommendations. We will be
coming to you in the future to help us carry out the rest of our
plan. 
What does the future hold in store?  
Start by thinking back twenty-five years - to 1971.  Back then,
I was a district court judge in the old Second Judicial District
that included seven counties in South Central Iowa.  My court
reporter was a "pen-writer."  He reported the testimony with a
pen using Gregg shorthand symbols.  The latest technology to hit
the courts was the memory typewriter.  And we couldn't operate
without mountains of carbon paper.  I must confess that I
understand carbon paper easier than computers. 
I usually presided over a few divorce cases each month. 
Domestic abuse cases rarely came to the courts and were not
identified as such.   Unlike most district court judges, we had
time to hear juvenile cases.  The juveniles who came before me
were usually there for petty property crimes.  I don't remember
a single case involving a violent juvenile during my thirteen
years as a district court judge.  I handled a drug case on
occasion.  But not many.  Meth or crank didn't exist in our
world then. Most of the drug cases involved marijuana.  Most of
the offenders inhaled! 
Who would have predicted the dramatic changes we've seen in just
twenty-five years? The world is vastly different now.  Yet the
principles upon which our justice system is based remain the
same.  And those principles are the foundation upon which to
build a court system that will best serve Iowans in the
twenty-first century.
No one can really predict the future, but with the commission's
help, we now have a clear image of what the future can be.
Imagine a court system that has multiple access points to basic
services in every county, one that is comprehensible to the
average person, and offers a full range of dispute resolution
options to fit different needs. 
Imagine going to a city library or a shopping mall and using a
kiosk or the Internet to find information about the court
system, pay a fine, or electronically file a small claims action.
Imagine a court system that operates without paper.  It may come
to that.
Imagine court proceedings taking place over interactive video,
saving litigants and witnesses the time and expense of traveling
long distances.
Imagine a court system in which legal services are widely
available to all who need them regardless of their income.
Just imagine the possibilities!
We have just completed a year long celebration during which we
looked back - with considerable pride - on 150 years of Iowa's
statehood.  We should seize this vantage point and use the
lessons of the past, as we look to our future.  
Iowa can certainly claim a demonstrated ability to adapt to an
ever shifting scene, as history unfolds.  In exceptional times,
exceptional people from all three branches of state government
have done more than simply react to changed circumstances.  The
brightest points in our proud history have been when leaders in
state government have found the vision, the courage, and the
dedication to shape the future.
Let this be such a time.
Chief Justice Arthur A. McGiverin was escorted from the House
chamber by the committee previously appointed.
Lieutenant Governor Joy Corning was escorted from the House
chamber by the committee previously appointed.
On motion by Siegrist of Pottawattamie, the joint convention was
dissolved at 10:33 a.m.
The House reconvened session at 10:33 a.m., Speaker Corbett in
the chair.
The House stood at ease at 10:34 a.m., until the fall of the
gavel.
The House resumed session at 10:55 a.m., Speaker Corbett in the
chair.

SUPPLEMENTAL REPORT OF COMMITTEE ON MILEAGE
Mr. Speaker: Your committee appointed to determine the mileage
for the members of the House submits the following supplemental
report:
	Name	Round Trip Miles
Steven L. Falck	310

  	Respectfully submitted,
  	CLYDE E. BRADLEY, Chair
  	DAVID A. MILLAGE
  	KEITH W. WEIGEL 

SUBCOMMITTEE ASSIGNMENTS
House File 6
Labor and Industrial Relations: Holmes, Chair; Kremer and Taylor.
House File 11
Labor and Industrial Relations: Dix, Chair; Boddicker and
Connors.
House File 14
Transportation: Blodgett, Chair; Drees and Weidman.
House File 21
Transportation: Carroll, Chair; Ford and Rayhons.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 2 Labor and Industrial Relations
Relating to occupational hearing loss, concerning the
definitions, apportionment of hearing loss, and measurement of
hearing loss.
H.S.B. 3 Labor and Industrial Relations
Relating to eligibility for unemployment compensation benefits
for temporary employees of a temporary employment firm.
RESOLUTIONS FILED
HCR 3, by Weigel, a concurrent resolution to request that the
United States Internal Revenue Service and the United States
Congress act to allow farmers to use deferred payment contracts
without being subject to alternative tax liability.
Referred to committee on state government.
HCR 4, by Siegrist, Greig, Eddie, Drake, Gipp, Nelson, Bradley,
Tyrrell, Sukup, Cormack, Jenkins, Barry, Martin, Van Fossen,
Dix, Jacobs, Kremer, Veenstra, Vande Hoef, Blodgett, Meyer,
Hahn, Hansen, Weidman, Boggess, Huseman, Rayhons, Dinkla,
Grundberg, Houser, Metcalf, O'Brien, Mertz, Van Maanen, Brauns,
Arnold, Thomson, Mundie, Corbett, Greiner, Witt, Cataldo,
Dolecheck, Churchill, and Klemme, a concurrent resolution
requesting the Congress of the United States to submit to the
States for ratification a balanced budget amendment to the
United States Constitution.
Laid over under Rule 25.
HR 3, by committee on administration and rules, a resolution
honoring Representative John H. Connors for his years of
legislative service.
Laid over under Rule 25.
HR 4, by committee on administration and rules, a resolution
honoring Representative Roger A. Halvorson for his years of
legislative service.
Laid over under Rule 25.
HR 5, by committee on administration and rules, a resolution
honoring Representative Horace Daggett for his years of
legislative service.
Laid over under Rule 25.
On motion by Siegrist of Pottawattamie, the House adjourned at
10:49 a.m., until 8:45 a.m., Thursday, January 16, 1997.

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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