House Journal: Wednesday, January 10, 2001
JOURNAL OF THE HOUSE
Third Calendar Day - Third Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, January 10, 2001
The House met pursuant to adjournment at 8:45 a.m., Speaker
Siegrist in the chair.
Prayer was offered by Reverend Bill Steward, pastor of Grace
United Methodist Church, Des Moines.
The Journal of Tuesday, January 9, 2001 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Carroll of Poweshiek, until his arrival, on request of Rants of Woodbury.
INTRODUCTION OF BILL
House File 36, by Wise, a bill for an act relating to mandatory
rest periods for employees of health care facilities.
Read first time and referred to committee on human resources.
The House stood at ease at 8:47 a.m., until the fall of the gavel.
The House resumed session at 9:40 a.m., Speaker Siegrist in the
chair.
COMMITTEE TO NOTIFY THE SENATE
Horbach of Tama 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: Horbach of Tama, Chair; Roberts of Carroll and Atteberry
of Delaware.
REPORT OF THE COMMITTEE TO NOTIFY THE SENATE
Horbach of Tama, Chair of the committee appointed 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 law and 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 that the President of the joint convention be authorized to
declare a quorum present.
The 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 from the Senate and three members from
the House of Representatives, be appointed to notify Governor
Thomas J. Vilsack that the joint convention was ready to receive him.
The motion prevailed and the President appointed as such
committee Senators Fiegen of Cedar, Maddox of Polk and McKean of
Jones, on the part of the Senate, and Representatives Heaton of
Henry, Sievers of Scott and Bukta of Clinton, on the part of the
House.
Senator Iverson of Wright moved that a committee of six,
consisting of three members from the Senate and three members from
the House of Representatives, be appointed to notify Chief Justice
Lavorato that the joint convention was ready to receive him.
The motion prevailed and the President appointed as such
committee Senators Bartz of Worth, Fraise of Lee and Miller of
Jefferson, on the part of the Senate, and Representatives Shey of
Linn, Eichhorn of Hamilton and Tremmel of Wapello, on the part of
the House.
Secretary of State, Chester J. Culver; Treasurer of State, Michael
Fitzgerald; Secretary of Agriculture and Land Stewardship, Patty
Judge; State Auditor, Richard Johnson and Attorney General, Tom
Miller were escorted into the House chamber.
The Justices of the Supreme Court, the Chief Judge and Judges of
the Appellate Court and the Chief Judges of the District Court were
escorted into the House chamber.
Mrs. Janis Lavorato, the wife of the Chief Justice, his son,
Anthony Lavorato and guest Lisa Davey, his step-daughter, Jenna
Green, his brother Charles, his sister-in-law Delayne Johnson and
her son Jacob Johnson, his brother-in-law Ed Busing and his mother-
in-law Rachel Busing were escorted into the House chamber.
Lieutenant Governor Sally Pederson was escorted into the House
chamber.
The committee waited upon Governor Thomas J. Vilsack and
escorted him into the House chamber.
The committee waited upon Chief Justice Louis A. Lavorato and
escorted him to the Speaker’s station.
President Kramer presented Chief Justice Louis A. Lavorato who
delivered the following Condition of the Judicial Branch Message:
Mr. Speaker, Madam President, Members of the General Assembly, Governor
Vilsack, Lieutenant Governor Pederson, distinguished guests, and friends:
Thank you for the warm welcome.
As I was preparing for today’s speech, I thought of the many esteemed public
servants-legislators, governors, even presidents-who have addressed the General
Assembly, indeed the people of Iowa, in these magnificent chambers. For more than
twenty years, it has been the great honor of the Chief Justice of the Iowa Supreme
Court to stand here and report on the state of the judiciary. Today, as I address you for
the first time, I do so with genuine humility and a sense of awe.
Before I begin my remarks, I need to mention a few matters.
First of all, on behalf of the Court, I welcome the new legislators who join us today.
We look forward to working with you on any issue involving the administration of
justice.
Like the new legislators, I’m also a new kid on the block. Because I’m new, I feel I
should tell you a little bit about myself. Those who know me recognize that I am candid
and plainspoken. I am sure that some will say this is an understatement. What you
see is what you get. My colleagues on the Court will tell you that, when I feel strongly
about a cause, I am a passionate advocate. But they will also tell you that I know the
value of consensus building.
I pledge to do all that I can to promote communication with you, within the Judicial
Branch, and most importantly, with the public. With that in mind, I am pleased to
announce that we are taking a step in that direction today. This address is being
broadcast over the Internet.
I want to also mention that the members of the Court and I invite everyone to join
us, after my remarks, for refreshments and conversation in the courtroom downstairs. I
assure you that the refreshments are under the three-dollar limit for gifts, and the
conversation is free.
And finally, I am proud to tell you about our Child Advocate of the Year, Jill Viau of
Adel. She is not only a remarkable advocate for children, she is a remarkable person.
While in college Jill was a "Big Sister" for two children. For six years she worked as a
volunteer mentor for teenage mothers. Jill also volunteered in a program that helps
children with cancer. For the past ten years, she has devoted many hours as a Court-
Appointed Special Advocate, working on behalf of abused children who are before the
court for protection. Jill demonstrates the very best of what it means to be an Iowan.
And now it is my great pleasure to introduce our Child Advocate of the Year, Jill Viau.
Please join me in applauding her.
I want to thank you for the invitation to talk to you about the state of the judiciary.
Although the news is not uniformly good, we have some exciting opportunities within
our grasp that will lift the delivery of court services out of the past and into the
present. I am going to describe those opportunities and outline the steps we need to
take to realize them. We have already taken many steps in that direction.
HARNESSING TECHNOLOGY TO IMPROVE GOVERNMENT
Let me begin with a brief look back.
During the last decade, nothing transformed our world more than information
technology. With your support and with the vision and hard work of many, the Judicial
Branch harnessed technology to improve the administration of justice.
We computerized nearly every facet of Iowa’s court system and connected all clerk
of court offices and administrative offices to a statewide network. In doing so, we
gained substantial management and case processing efficiencies, increased
productivity, and facilitated communication. Our court information system is the model
and envy of many states.
But we did not stop there.
We worked hand in hand with other government entities, including the Department
of Transportation, the Department of Human Services, the Department of Public
Safety, and the Department of Revenue and Finance to electronically link our
computer system with theirs. Through these links, we easily move mountains of
information without paper, postage, or delay. These partnerships have improved a wide
range of government services and made new services possible.
These innovations are only the beginning. We can and must do more.
BRINGING THE COURTS TO THE PUBLIC
With the aid of information technology, we can provide a host of court services
where they are needed, when they are needed, any time and any place. We have the
momentum to do this now.
WEBSITE (www.judicial.state.ia.us)
We took a step in this direction in 1998 with the creation of the Iowa Judicial
Branch Web Site. Our site is first and foremost a public information tool. It houses an
array of useful information about the courts and the legal system. For example, it
includes (1) basic explanations of court procedures, structure, and history; (2)
biographical information on all Iowa justices, judges, and magistrates; (3) appellate
court opinions; and (4) the child support guidelines. It also contains manuals to assist
domestic abuse victims. The manuals are in four languages: English, Bosnian,
Vietnamese and Spanish.
This year we’ll revamp the site, making it easier to use, and we’ll add more
information.
But with the web site we are just scratching the surface. We can do much, much
more.
Think of viewing court records or paying traffic fines or child support from the
convenience of one’s home or office. This would be a huge advantage for busy Iowans.
We are currently working on two projects that will eventually make this possible. They
are dramatic steps, and we should take them now.
ON-LINE COURTS
We are putting the finishing touches on the first step, a program that will put court
dockets on-line, 24 hours a day, seven days a week. With this service, Iowans will have
at their fingertips summaries of case information such as court schedules, fine-
payment records, judgments, liens, child support obligations, and other case events,
from all 99 counties and the appellate courts.
We are ready to launch this program once you decide how to fund electronic access
to public records.
ELECTRONIC DOCUMENT
MANAGEMENT SYSTEM
The second step, the centerpiece of our on-line court system, will be a program we
call electronic document management system, or EDMS. It will enable people to
electronically file their court documents and view entire court files on-line.
EDMS could eventually result in a paperless court system. However, I want to
assure you that the Judicial Branch will continue to accommodate citizens who want to
conduct their court business with paper. We will be equipped to scan paper filings into
the system and to make paper copies when requested.
After several years of carefully studying the feasibility and cost of EDMS, we are
ready to test it. In a few months, we will be operating pilot projects in Clinton County
and Dubuque County. Later this year, we will test the program here at the appellate
level. After the tests are done, we hope to take this technology statewide.
But we’re not going to stop there. We can do more.
VIDEO COURT
During the recent presidential election saga, Americans had an opportunity to
watch televised arguments before a state appellate court. At the time, a journalist
asked me if the Iowa Supreme Court would ever allow television coverage of its
proceedings. He was amazed when I told him that the Iowa Judicial Branch has
allowed cameras in our courts for the past twenty years. Although we allow televised
coverage, the media has not taken advantage of this by covering proceedings gavel-to-
gavel.
Unfortunately, the public’s perception of the court system is influenced by television
shows such as People’s Court, Divorce Court, and Moral Court, the goals of which are
to entertain and sell household cleaners. Some people fear that video broadcasts of the
courts would undermine the dignity of our court system. I disagree. Television
broadcasts of real court proceedings, the goals of which are to administer justice, will
promote public understanding and, in turn, heighten respect for our courts and the rule
of law.
I am pleased to announce that the state’s new Judicial Branch Building will be
equipped with everything needed to broadcast proceedings of the Iowa Supreme Court
and the Iowa Court of Appeals.
TECH FUNDS
Opportunities of the magnitude I have mentioned require more than careful
planning and hard work; they require reliable and continuous funding sources.
Dependable funding fosters planning, sparks innovation, and speeds deployment of
new technology. You wisely recognized this when you created a dedicated funding
stream for court technology and earmarked those funds solely for that purpose. We
commend you for your foresight. By doing this, you gave us the power to revolutionize
the court system. If we take the steps I have outlined, we can bring the courts closer to
the people.
OTHER STEPS
While it is true that technology has been the driving force for much of our recent
progress and it offers exciting opportunities for progress in the future, we must
remember that it is not an end in itself. It is a useful tool to help the court system
perform its basic function of providing justice.
We have additional steps to take. These steps do not involve the trappings of
technology. They are simple but crucial steps that involve fundamental issues such as
due process, performance, and resources.
INTERPRETER STUDY
Our legal system seems complex and intimidating, even to those who were born
here. Imagine how it must seem to persons who do not speak or understand English.
As a first generation Italian-American, I have some knowledge about the struggles
immigrants face with our language. I witnessed my grandparents and my father
having some of the same struggles.
We must be vigilant to safeguard the rights of, and provide access to, all who come
to the courts regardless of which language they speak. Justice requires that we do so.
That is why the Iowa Supreme Court has established a task force to assess the need for
improvements in interpreter services. If improvements are needed, the task force will
recommend a plan for addressing them. We must remove any barriers to justice.
PERFORMANCE ASSESSMENTS
We work for the public, just as you do. As public servants, we understand that our
performance is directly related to the public’s trust and confidence in us. Believing that
we’re on the right path is not enough. We need to objectively evaluate whether we are.
And we have a plan to do just that. Recently, we adopted a five-part plan for ongoing
reviews to measure Judicial Branch performance. The plan includes doing the
following:
Monthly, each judicial district will conduct a review of court statistics to
determine whether they are meeting our time standards for case processing;
Recently, we surveyed all court employees to find out how they think the
courts perform in key areas such as fairness, integrity, efficiency,
accessibility and communication. We’ll repeat the survey periodically;
We are encouraging each judicial district to hold employee discussion groups
to hear employees’ concerns and ideas for improvements;
We are providing a standard exit questionnaire to each juror, asking them to
evaluate their court experience; and
We will conduct focus group sessions to seek the views of key court users such
as attorneys, litigants, witnesses, and others.
Our performance reviews will serve as reality checks, help us identify any
weaknesses in the court system, and generate ideas for future improvements.
JUDGESHIP STUDY
Our performance suffers when we do not have enough judges. The constitution
gives you the responsibility to provide additional judges. However, we are keenly
interested because the number of judges you provide directly affects our ability to carry
out our constitutional mandate to serve the people.
In response to our shared concerns about the integrity of the statutory judgeship
formulas, we started an intensive study of our trial court workload. This fall, more
than half of our trial court judges and magistrates participated in an eight-week time
study designed by the National Center for State Courts. As you know from your own
work, some issues require more time than others. The results of the time study will
show us the average amount of time a judge needs to handle each type of case. The end
result will tell us the number of judges and magistrates we need to dispose of cases in a
timely manner. Soon, we’ll present the Center’s report to you with our
recommendations.
JUDICIAL BRANCH OPERATIONS
We know we must carefully manage the resources you provide. And we know we
must exercise fiscal discipline. But when resources fall critically short of the public’s
demand for justice, even the best management will not slow the erosion of court
services.
Due to the high cost of employee health insurance and other circumstances beyond
our control, we began the fiscal year with a $2.4 million deficit in our operating budget.
Despite our best efforts to manage around the budget shortfall, we found no way to
avoid the unpleasant task of cutting public services.
During my first month as Chief Justice, I traveled to every judicial district to meet
with our judges, clerks of court, and juvenile court staff. They are doing their best to
keep cases moving under the present difficult conditions. Based upon their comments, I
believe that if these conditions continue, case processing will fall behind, and delays
will start to mount.
I am proud of all of our people in the Judicial Branch. And I am impressed by their
boundless capacity for work and their unshakeable commitment to helping others. But
even the most productive person can only do so much each day.
Our system of government calls upon all branches of government, in different roles,
to contribute to the administration of justice. Our role is to decide cases according to
the law, promptly and equally for all people. We rely on you for the resources required
to carry out this important responsibility. Though our roles are different, our goals are
the same: To provide Iowans with an accessible, fair, and efficient court system.
You have a good track record of responding to the Judicial Branch’s needs. I am
confident you will work with us in a bipartisan effort to respond to our present
concerns. It is in the public’s best interest to do so.
According to an ancient proverb: "A journey of a thousand miles begins with one
step." Today, I have outlined steps that will move us toward a court system that is
more accessible, more open, and more accountable. Some of the steps are highly
innovative; others are fundamental; all are important. It’s clear where we need to go
and what we need to do. But to reach our destination, we need your help. Join with us
on our journey to ensure Iowans their most precious heritage: the right to justice.
Chief Justice Louis A. Lavorato was escorted from the House
chamber by the committee previously appointed.
Governor Thomas J. Vilsack was escorted from the House chamber
by the committee previously appointed.
On motion by Rants of Woodbury, the joint convention was
dissolved at 10:33 a.m.
The House resumed session at 10:40 a.m., Speaker Siegrist in the
chair.
On motion by Rants of Woodbury, the House was recessed at 10:41
a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:01 p.m., Speaker Siegrist in the chair.
INTRODUCTION OF BILLS
House File 37, by Boddicker, a bill for an act relating to the
posting of a cash bond for noncompliance with the visitation
provisions of a custody order.
Read first time and referred to committee on judiciary.
House File 38, by Reynolds, a bill for an act relating to the
eligibility of certain veterans for a military service property tax
exemption.
Read first time and referred to committee on ways and means.
House File 39, by Jenkins and Brunkhorst, a bill for an act
relating to straight party voting in elections.
Read first time and referred to committee on state government.
House File 40, by Mertz and Johnson, a bill for an act creating an
agricultural education collaboration and enhancement support
services program, and making an appropriation.
Read first time and referred to committee on appropriations.
House File 41, by Reynolds, a bill for an act directing the
department of corrections to evaluate the potential rehabilitative
effects of certain alternative programs.
Read first time and referred to committee on judiciary.
ASSIGNMENT OF SEATS IN PRESS GALLERIES
The following named persons are accredited members of the press,
TV and radio stations and are entitled to access to the press galleries:
The Ames Daily Tribune Liz Allen, Rebecca Anderson,
Ronna Lawless, Richard Lewis
Associated Press Mike Glover, Ken Thomas,
Kimberly Durnan, Dave Pitt,
Susan Stocum
Burlington Hawkeye Dennis J. Carroll
Cedar Rapids Gazette Rod Boshart, James Lynch,
Todd Ruger
Des Moines Register Jon Roos, Perry Beeman,
Jennifer Dukes-Lee, Tony Leys,
Lynn Okamoto
Dubuque Telegraph Herald Mary Rae Bragg
Iowa Legislative News Service Jack Hunt, Tom Hunt,
Barbara Hunt, John Kurr,
Kathi Marts-Foster
Lee Enterprises Des Moines Bureau Kathie Obradovich, Todd Dorman
Omaha World Herald Chris Clayton
Sioux City Journal Kate Thomson
The Casino & Pari-Mutuel Journal Inc. Thomas Bach
Wallaces Farmer Magazine Rod Swoboda
Waterloo Courier Madhusmita Bora
Des Moines Radio Group Polly Carver-Kimm
KASI Radio Trent Rice
KCCI TV Steve Oswalt, Geoff Greenwood,
Cortney Kintzer, Todd Magel,
Glen Biesman, Donna Smith,
Jesse Landolt, Sheila Brummer,
Eric Hanson, Sean Wilson
KFXB Paul Blume, John Molseed
KIMT TV Jaime Copley, Kristin Erickson,
Amy Fleming, Katrina Pederson,
Evelyn Wilkerson
KMEG News Leslie Rupiper, Ali Dramor,
Dave Finger
KOXO Channel 2 - Views From The Bluffs Daphne Cook, Mollie Harter,
Brad Evert
KUNI Public Radio Jeneane Beck, Greg Shanley
KWWL Television Ron Steele, Tami Wiencek,
Joe Surma, Bobbi Earles
Radio Iowa O. Kay Henderson,
Dar Danielson, Matt Kelley,
Todd Kimm
WHO Radio Mike McGinnis, Sue Danielson,
Pat Curtis, Rachel Conradt
WOI Radio Joyce Russell
WHO - TV Patrick Bell, Brooke Bouma,
Patrick Dix, Jim Hibbs,
Loren Halifax, Laurie Groves,
Cal Woods, Bobbi Silvernail,
Melanie Posey
WOI TV Jay Villwock, Don Schmith,
Matt Raisch, Stacy Kennell,
Tim Knol, Chris Mycoskie,
Joy Benedict
APPOINTMENT
WORKFORCE DEVELOPMENT BOARD
(Chapter 84A.1A, Code of Iowa)
Representative Willard Jenkins
Replaces Representative Bev Nelson-Forbes
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
MARGARET A. THOMSON
Chief Clerk of the House
2001\27 Elda and Harold Perry, Toledo - For celebrating their 60th wedding
anniversary.
2001\28 Lenora and Ed Bohlman, Onawa - For celebrating their 50th wedding
anniversary.
2001\29 Clara Henningsen, Denison - For celebrating her 90th birthday.
2001\30 Florence Ruchti, Mapleton - For celebrating her 90th birthday.
2001\31 Gwen Nilles, Dubuque - For her 25 years of service to the State of Iowa and
the Dubuque area Iowa Workforce Development.
2001\32 Rachel Stewart, Dubuque - For being selected as a state finalist in the
Iowa State Bar Association’s "Know Your Constitution."
2001\33 Bill Folger, Dubuque - For being named a Friend in Education by the Iowa
State Education Association.
2001\34 Justin Mills, Dubuque - For being named Student Government Leader of
the National Conference of Student Services.
2001\35 Jeff Derner, Milford - For attaining the rank of Eagle Scout, the highest
rank in the Boy Scouts of America.
2001\36 Matt Sewell, Milford - For attaining the rank of Eagle Scout, the highest
rank in the Boy Scouts of America.
2001\37 Matt Lockey, Milford - For attaining the rank of Eagle Scout, the highest
rank in the Boy Scouts of America.
2001\38 Florence Scott, Spirit Lake - For celebrating her 90th birthday.
2001\39 Margaret Bunkers, Spirit Lake - For celebrating her 80th birthday.
2001\40 Mr. and Mrs. Arlin Kulow, Graettinger - For celebrating their 50th wedding
anniversary.
2001\41 Mr. and Mrs. Robert and Donna Blum, Terril - For celebrating their 50th
wedding anniversary.
2001\42 Phyllis and Herb Price, Carlisle - For celebrating their 50th wedding
anniversary.
2001\43 Jane and Ivil Dyer, Merrill - For celebrating their 50th wedding
anniversary.
2001\44 Rachel Van Ryswyk, Indianola - For celebrating her 80th birthday.
2001\45 Olive Ruth Hodson, Indianola - For celebrating her 90th birthday.
2001\46 Lorraine and Stan Lake, Merrill - For celebrating their 50th wedding
anniversary.
2001\47 Adam M. Elliot, Des Moines - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.
SUBCOMMITTEE ASSIGNMENTS
House File 9
Appropriations: Brunkhorst, Chair; Falck and Jacobs.
House File 14
Education: Brunkhorst, Chair; Lensing and Tymeson.
House File 21
Appropriations: Brunkhorst, Chair; Raecker and Warnstadt.
House File 26
Appropriations: Heaton, Chair; Brunkhorst and Wise.
House File 40
Appropriations: Barry, Chair; Dix and Mertz.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT
House Study Bill 1
Natural Resources: Weidman, Chair; Dotzler and Huseman.
HOUSE STUDY BILL COMMITTEE ASSIGNMENT
H.S.B 2.1 Education
Including specified foreign exchange pupils in the actual enrollment
of a school district, and providing an effective date.
On motion by Rants of Woodbury the House adjourned at 1:05
p.m., until 8:45 a.m., Thursday, January 11, 2001.
© 2001 Cornell College and
League of Women Voters of Iowa
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